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

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

The Committee notes the information contained in the Government’s report and the attached information.

1. With reference to its observation, in which it notes the numerous legislative amendments which have been made, the Committee requests the Government to provide information with its next report on the actions taken by employers’ and workers’ organizations to promote the principle of equality of opportunity and treatment in employment and occupation, with particular reference to the protection of victims of discrimination, including the right for trade unions to lodge complaints on behalf of victims relating to violations of the prohibition of discrimination under section L.122-45-1 of the Labour Code. Noting that under section L.611-1 of the Labour Code the labour inspectorate is responsible for ensuring the application of the legislation against discrimination at the workplace, and having noted that employers are obliged to keep detailed records of the equality status in the enterprise in accordance with Act No. 2001-397 on occupational equality between men and women, the Committee requests the Government to provide information on the main issues raised in such reports by employers, including any studies summarizing the reports, as well as extracts from the reports of the labour inspection services on violations of the prohibition of discrimination in employment and occupation.

2. With regard to the continuing occupational segregation of men and women workers, the Committee notes the Government’s statement that 60 per cent of women in the labour force are employed in six of the 35 occupational groups classified in the country. With respect to changing attitudes in terms of choice of occupation, it notes that an agreement was signed on 25 February 2000 between different ministries respecting the promotion of equal opportunities for girls and boys in the education system. The Committee further notes that a study is being carried out on the role of girls in computer sciences, electronics and textile/clothing and that the objective for the year 2000 for 35 per cent of girls to benefit from training contracts in the high technology sector. It also notes the statement that in accordance with section L.123-4-1 of the Labour Code entitling women workers with low levels of qualification to enter higher paid employment, 2,500 contracts have been concluded for mixed employment and affirmative action in support of women entering male-dominated posts. The Committee also notes the National Action Plan for Employment (PNAE), 2000, to improve occupational integration, develop the awareness of equality in employment and occupation in enterprises, strengthen the capacity of enterprises to adapt and improve policies on equal opportunities. The Committee requests the Government to continue to provide information on any action taken or envisaged to encourage girls and women to enter male-dominated occupations.

3. The Committee also notes other initiatives taken by the Government since 2000, in accordance with its expressed intention of making equality of opportunity and treatment for men and women one of the main components in its policy. It notes that in 2001 the Higher Council for Occupational Equality established a working group to examine how the wage gap could be reduced and another working group in 2001 to examine the concept of a "tool-box" for employers so that they can implement equal opportunities by being more aware of equality issues during negotiations. The Committee requests the Government to provide copies of the conclusions of these working groups and reiterates its earlier request to the Government to provide copies of the reports adopted by the working groups established in 1999 by the Higher Council for Occupational Equality, one in the context of the parliamentary mission on occupational inequality between women and men, another examining the role of women in social dialogue and another examining the relation between working time and social life. In this respect, the Committee requests the Government to provide detailed information with its next report on the impact of the various measures adopted to improve the implementation in practice of the principle of equality of opportunity and treatment in employment and occupation, and particularly by impact in terms of improving the situation of women in the labour market and in the workplace.

4. While acknowledging the information provided by the Government in its report, the Committee notes that the report does not reply to all the questions raised by the Committee in its previous comments. It therefore requests the Government to provide with its next report a copy of the study undertaken by Mrs. Jacqueline Victor at the request of the Minister of Employment and Solidarity to analyse the contribution of the 35-hour week to decreasing inequalities between men and women. In this respect, the Committee notes the Government’s statement that the work of the Higher Council for Occupational Equality’s working group on working time arrangements and occupational equality has resulted in issues relating to equal opportunities between men and women being taken into account in the Act on the reduction of working time. However, having noted that Decree No. 2002-1257 of 15 October 2002 increases the permitted number of overtime hours, the Committee requests the Government to provide information with its next report on the actual working time arrangements applicable to men and women workers and the manner in which they are intended to reduce inequalities between men and women workers in employment and occupation.

5. The Committee also notes the adoption on 5 July 2000 of Act No. 2000-614 on measures for the integration of travellers. It notes that, under the Act, each department in France has to create permanent sites for travellers with opportunities for the schooling of their children, access to healthcare and opportunities to participate in economic life, i.e. employment opportunities. The Committee further notes that each department is required to create a consultative commission composed of representatives of the communes, the travellers and the associations concerned. It notes that these consultative commissions are required to prepare an annual evaluation. The Committee requests the Government to provide information with its next report information on the application of these initiatives and the results obtained in the integration of travellers and the Roma in employment and occupation.