Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - France (Ratification: 1981)

Further to its previous direct request, the Committee notes the information provided by the Government in its report and the enclosed comments of the French Democratic Confederation of Labour (CFDT).

1. With reference to its previous comments, the Committee notes with interest the positive results with regard to the number of mixed employment contracts signed between 1987 and 1989, whose purpose is to encourage the recruitment of women, diversify their jobs and facilitate their training for jobs in small and medium-sized enterprises. The Committee also notes the statistical information provided by the Government, which shows a slight average increase in the feminisation rate in the management and intellectual occupation category, which is due largely to the progression of women in the information, arts and entertainment sectors. The Committee also notes that, as regards administrative and commercial staff enterprises, women now account for 44 per cent of the total and the proportion of women in management posts has risen from 22 to 25 per cent; that the proportion of women is increasing but still remains very low (9.8 per cent) among engineers and technical supervisory staff; that the feminisation of the "intermediate" professions is still progressing in the social and health sectors, but stagnating in education and the public service and that, in the technician and supervisor category, the feminisation rate is still very low and has shown no notable increase for four years. The Committee has also noted the information provided by the Government concerning training activities and the implementation of the principle of equality of occupation for men and women in collective agreements (particularly with regard to leave to care for sick children, leave to bring up children and certain working conditions). The Committee requests the Government to continue to provide information, including statistical data concerning progress made in mixed employment.

2. With reference to its previous comments, the Committee takes note of the information and the various texts provided by the Government concerning separate recruitment procedures for men and women in certain public services. It notes that only two public services - as opposed to 15 initially - are now authorised to apply separate recruitment procedures and that a draft Decree has been prepared to abolish separate recruitment in the national police force. In this connection, the Committee notes the comments made by the CFDT to the effect that a draft Order to increase the requisite minimum height for admission of women to the national police force competitive entrance exam would exclude 70 per cent of women applicants. Furthermore, modification of the marking scale for physical tests is envisaged and would make the system more difficult especially for women. The Committee refers to paragraph 28 of its General Survey of 1988 on Equality in Employment and Occupation, in which it draws attention to the indirect discrimination which might arise from apparently neutral regulations which result in de facto inequalities in respect of certain groups or certain persons. The Committee would be grateful if the Government would provide all relevant information on measures taken regarding the conditions of recruitment in the national police force and on the practical effects of such measures.

3. In its previous comments, the Committee requested information on the measures taken to guarantee the application of section L.123-1 of the Labour Code concerning recruitment (prohibition of reference to sex in offers of employment except where sex is the determining condition for the exercise of such employment). It notes the Government's statement that, in addition to provisions laying down specific penalties to enforce section L.123-1 of the Labour Code, the employees and the representative trade union organisations within the enterprise may take legal action and the labour inspector may submit observations to the employer. It also takes note of the decision of the Criminal Division of the Court of Appeal of 30 January 1990 concerning the display of offers of employment of a discriminatory nature, and asks the Government to continue to provide information on the application in practice of section L.123-1 of the Labour Code.

4. With regard to Article 4 of the Convention, the Committee again requests the Government to indicate any legislative or administrative measures and any national practices affecting the employment or occupational activity of persons who individually are legitimately suspected of engaging in activity which is prejudicial to state security, or for whom it has been established that they are in fact so engaged, and to provide details on the means of appeal available to such persons.

5. With regard to the employment in the private sector of persons infected with human immuno-deficiency virus (HIV/AIDS), the Committee notes with interest the campaign to inform company doctors and the plan of action concerning enterprises, developed by the Agency for AIDS Control. The Committee asks the Government to continue to provide information on any developments in this respect.

6. The Committee again requests the Government to supply information on the measures taken, particularly as regards vocational training and access to employment, to secure better integration into economically active life of immigrants (particularly second generation immigrants) holding French nationality.