Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

Further to its previous comments, the Committee notes the Government's reports and the attached documentation.

1. In reply to its previous comments concerning the effect given in practice to Act No. 92-1179 of 2 November 1992 respecting the abuse of authority in relation to sexual harassment in work relations, the Committee notes with interest the various measures taken to facilitate and encourage the application of the Act both in the public service and the private sector, and particularly Circular No. 93-88 of 1 December 1993 of the Ministry of the Public Service and Circular No. 93/3 of 11 February 1993 of the Ministry of Labour, Employment and Vocational Training. The Committee also notes that an information brochure on sexual harassment intended for a broad public has been prepared by the Ministry of Labour and the Secretariat of State responsible for women's rights. The Committee also notes the decisions of courts in legal actions for sexual harassment. The Committee would be grateful to be provided with a copy of the brochure and the text of the decisions referred to above, which were mentioned as being attached to the report, but which have not been received by the ILO. The Committee would be grateful if the Government would continue to supply information in future reports on the implementation of laws and regulations, circulars and other administrative measures, as well as on decisions taken as a result of hierarchical recourse measures, action taken under penal jurisdictions and disputes brought before administrative judges, and if the Government would transmit the text of certain of these decisions which cover matters of principle relating to the application of the Convention.

2. With regard to discrimination on the grounds of state of health, the Committee notes with interest that measures have been taken to supplement and implement protective legislative provisions for workers who are HIV positive or infected by AIDS, and particularly Circulars Nos. 93/10 of 15 March 1993 and 93/11 of 17 March 1993, as well as an information brochure on "AIDS and Work" prepared by the Higher Council for the Prevention of Occupational Risks. The Committee also notes that decisions have been issued by the courts concerning discrimination in respect of persons infected with AIDS. The Committee requests to the Government to provide copies of these circulars, decisions and the brochure, which were described as being attached to the report, but which have not been received by the ILO. It also requests the Government to provide information in future reports on the measures that have been taken or are envisaged to intensify and extend specific awareness-raising and education campaigns for workers and employers on HIV/AIDS and the workplace and its consequences on the rights and obligations of workers and employers. Please also provide information on the activities of the labour inspectorate in this respect.

3. With regard to occupational equality between men and women, the Committee notes the measures taken in the context of the activities of the Department of Further Vocational Training to facilitate the access of women to vocational training, for example, by including the promotion of occupational equality among the priority criteria for the attribution of assistance to enterprises in the field of vocational training and by according special attention to the particular difficulties encountered by women where they account for a large proportion of the categories of employment affected by technical, economic and social developments. The Committee also notes with interest the interim reports (February 1995) of the three working groups of the Higher Council for Occupation Equality between Men and Women on respectively "the comparative situation of men and women in respect of remuneration" (Group No. 1); "the diversification of working time, professional itineraries and occupational equality" (Group No. 2); and "action for occupational equality in professional branches, enterprises and establishments" (Group No. 3). It hopes that it will be provided with a copy of the final reports of the three working groups, as well as information on the measures that have been taken or are envisaged to implement their conclusions and recommendations, and the results obtained.

4. With reference to the Act of 16 July 1992 to introduce contracts for mixed employment (this contract between an enterprise and the public services concerned provides subsidies for measures to accompany the recruitment, transfer or promotion of a women to an occupation or qualification in which few women are represented in the enterprise), the Committee notes, according to the figures concerning contracts for mixed employment for the years 1994 and 1995, which are attached to the report, that the numbers of such contracts are in steep decline. The number of contracts concluded fell from 119 in 1993 to 85 in 1994 and 50 in 1995, while the number of enterprises parties to such contracts fell from 39 to 36 and then to 12 for the same years. However, according to the same figures, there are a number of encouraging aspects, namely: two regions have concluded their first contracts for mixed employment; regions which have experience of these contracts are continuing their action, even if such measures are in decline; the distribution of mixed contracts continues to broaden in terms of greater occupational diversification for women, including access to certain "higher" professions that are still very male-oriented. The Committee asks the Government to provide information on the measures that are taken or envisaged to encourage and facilitate the conclusion of contracts for mixed employment and to increase their number, as well as on the results achieved. The Committee also requests the Government to provide recent information on developments in the situation with regard to the effect given in practice to the Act of 13 July 1983 respecting occupational equality between men and women, supplemented by the Decree of 30 January 1984 and the Circular of 11 August 1984, which encourage enterprises to formulate a "plan for occupational equality", the approval of which gives rise to a contract between the enterprise and the public services and to subsidies.

5. While appreciating the reply to point 4(a) of its previous direct request concerning the prohibition from referring to sex in job offers, the Committee notes that the Government has omitted to reply to the other matters raised under point 4, which have been reiterated on many occasions in its previous comments. The Committee therefore urges the Government to supply full particulars with its next report on:

(a) any legislative or administrative measures and any national practice affecting the employment or occupational activity of persons who are legitimately suspected of engaging in an activity which is prejudicial to the security of the State, or in respect of whom it has been established that they are in fact so engaged, and to provide details of the means of appeal available to such persons, in accordance with Article 4 of the Convention; and

(b) the measures, taken in particular as regards vocational training and access to employment, to secure a better integration into the labour market of foreign extraction (particularly second generation immigrants) holding French nationality.