Joaquim Pintado NunesLabour Inspection Senior SpecialistILO/ Budapest

Elimination of discrimination at work as a core principle for ILO

Declaration of Philadelphia (1944)

Declaration on Fundamental Principles and Rights at Work (1998)

Declaration on Social Justice for a Fair Globalization (2008)

Global Jobs Pact (2009)

Main International Labour Standardson Equality and Discrimination

Convention 1951 (No. 100) Equal remuneration

168 countries

Convention 1958 (No. 111)Discrimination

169 countries

Other relevant ILS:

C1981 (No.156) on Workers with Family ResponsibilitiesC 2000 (No.183) on Maternity ProtectionC 1999 (No. 175) on Part-Time WorkC 1996 (No. 177) on Home Work

Labour Inspection and gender equality

Enforcement through control

Information andcounseling

Keeping the mission inmind:

Promotiing the improvement of

working conditions

Cooperation

Enrichment of the legal framework

A FUNDAMENTAL APPROACH: Joint

action

• Social partners

• NGO’s

• Specialized bodies

Why is Labour Inspection in a better position to tacke gender equality than other actors?

The mandate allows to act proactively (vs. judiciary system)

Labour inspectors have free access to all workplaces

Labour inspectors keep secrecy of all origins of complaint

the risk of enforcement is an incentive for less willing employers to comply with the

law

LI can inform and advise on legal rights and obligations

LI can “educate” as mentioned in Article 7, a of Recommendation 100

Where can Labour Inspectors find problems regarding gender?

Forms of discrimination

• Direct discrimination

Where in a comparable situation a person is treated less favourably on grounds of sex than another is. • Indirect discrimination

Where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless the provision, criterion or practice is objectively justified by a legitimate aim and the means of achievement of that aim are appropriate and necessary (art. 2.1 b Directiva 2006/54/CE).

An enterprise (iron and steel industry

sector) searches for a male forklift truck

driver.

A hotel searches for cleaning ladies, bellboys, storage boys...

Security enterprise offers 10 vacancies as security guards: - Both gender

- Between 25-40 aged- Minimum height: 1,70 - Good physical shape- Personal defence knowledge

Discrimination on access to employment

Sexual harassment

Harassment: where an unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

Sexual Harassment: any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, degrading or offensive environment.

What is punished by LI is not the harassment situation in the workplace but the company tolerance with these behaviours.

Sexual harassment

Commission Recommendation 92/131: Code of Practice on Measures to Combat Sexual Harassment

• Company policy statement which states expressly that sexual harassment will not be permitted or condoned. What is considered inappropriate behaviour at work.• Training to managers and supervisors on how to detect and deal with such situations. • Clear and precise procedures to deal with sexual harassment if occurs• Informal resolution methods• Advice and assistance to victims• Complaints procedures.• Investigations

• Integrated visits on both OSH and labour relations

• Inexistence of horizontal or vertical segregation on the Labour Inspectorate

• Reverseal of the burden of proof

• Facilitating tools to tackle discrimination

• Cooperation with other organizations. For instance, addressing equal pay for jobs of equal value with use of a job evaluation conducted by the Public Employment Service

• Precise methods to spot discrimination

Stereotypes and gender-based division of labour

Sex discrimination originates from values, beliefs and stereotypes entrenchedin people’s minds and behaviours as to what male and female roles are

Sex discrimination occurs when these stereotypes prevail over the law

The right not to be discriminated against consists on the right to be treated according to one’s own merits and capabilities and not to suffer prejudice onthe grounds of characteristics that social stereotyping imposes on a giving sex

Enterprise analysis

Enterprise analysis

Enterprise analysis: step 1

Identification of issues to be analyzed

• access to employment• job classification• promotion and training• wages• working times• personal and family life• sexual harassment

(…)

It will depend on the type of company, sector, depth of diagnosis

Enterprise analysis: step 2

Contextualization

• characteristics of the company

• sector to which belongs

• activity in which is engaged

• socio-economic situation of the surrounding area

Enterprise analysis: step 3

Quantitative data

• may be regarded as circumstancial proof of discrimination

• If statistics provide data that indicate equality, the diagnosis report

will be favourable

Enterprise analysis: step 4

Qualitative data

• procedures, criteria, practices and actions of the company

QUESTION: WHAT TO ANALYZE, HOW TO DETECT, HOW

TO ASSESS

Enterprise analysis: step 4

Subject Procedures, criteria or practices

Access to employment

Recruitment, contracting, interviews

Job categories Formal or informal systems for assessing jobs and determining the salary for each post

Pay Wage, fringe benefits, subsidies, rewards, non statutory pay

Career Promotion procedures, access to life-long training

Incidence of temporary contracts

Recruitment practices, incidence of part/time work, types of contracts

Enterprise analysis: step 4

How to detect discriminative procedures, criteria or practices

Information provided by the company can be complemented by staff questionnaires on wether:

• men and women have the same access opportunities in staff selection processes• there is equal access to training• perception if one person earns less than their colleague• conciliation with family and personal life is considered• a procedure is in place if someone suffers sexual harassment

(…)

Enterprise analysis: step 4

How to assess the procedures, criteria or practices

• have to be compared with legal requirements

• consider direct and indirect discrimination

• compare quantitative and qualitative results: identify quantitatively measured negative effects and practices, criteria or procedures based on sex or apparently neutral situations which cause negative effects

Enterprise analysis: step 5

Discrimination test

The principle of equality does not forbid all inequality of treatment but only those that are injustified because not based on reasonable objective criteria.

The inspector must assess if a given practice, criteria or action is justified or discriminatory, through the discrimination test, by judging on its suitability, necessity and proportionality.

Enterprise analysys

Access to employment

1.Quantitative data Review with sex disaggregated data the number and percentage of workers hired and granted access to training

2. Qualitative data Examination of previous selection processes: channels of recruitment, systems used to collect information from job seekers (job application forms, job offers on the internet or press), content of interviews or examinations, job profile

A possible tool: questionnaire

Enterprise analysys

Professional categoriesComparing the number of W and M in each job and professional category according to the job requisites demanded and considering if the requisites are masculinised or feminised according to stereotypes, values, etc.

Category Men Women Requisites Salary

A % %

B % %

Requisites shouldn’ t be masculinised or feminised: example, strenght

CONV. 100: equal remuneration for work of equal value

Enterprise analysys

Job promotion

Category Men Women Total

A % % %

B % % %

Are vacancies made known to all male and female workers?

The assessment criteria are known by all employees?

The results are published once the promotion process has ended?

Transparency

Vertical segregation?

Enterprise analysysEmployment relationship (temporary contracts)

Category Job Women % Men % Total

A A1

A2

B B1

B2

According to category and job

Job Women % Men % Total

Full-time temporary

Part-time temporary

Full-time permanent

Full-time temporary

Breakdown by type of contracts

Enterprise analysys

Conciliation of personal, familiy and professional life

Situation Women % Men % Total

Parental leave

Adoption

Flexible working times

Leave for family reasons