Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Latvia (Ratification: 1992)

Legislative developments. The Committee notes the Government’s indication that substantial amendments to the Labour Law 2001 were adopted in March 2010. The Committee notes that the definitions of direct and indirect discrimination have been amended, so that “any less favourable treatment due to the granting of prenatal or maternity leave, or leave to the father of the child” is deemed to be direct discrimination, and the reference to “comparable situations” has been deleted from the definition of indirect discrimination. The Committee also notes the Government’s indication that the time limits for bringing an action have been extended. The Committee notes that amendments were also made in March 2010 to the Support for Unemployed Persons and Persons Seeking Employment Law, which now includes a provision prohibiting differential treatment on the grounds of gender, race and ethnic origin when implementing active employment measures and preventive measures for the reduction of unemployment (section 2). The Committee further notes from the Government’s report the following legislative developments relevant to the Convention: the adoption on 25 February 2010 of the Law on the Prohibition of Discrimination of Natural Persons – Performers of Economic Activity – pursuant to which differential treatment is prohibited in access to economic activity on the grounds of gender, race and ethnic origin; and the amendment of the Education Law (4 March 2010) providing for the right to acquire education regardless of financial and social status, race, nationality, ethnic origin, gender, religious and political convictions, state of health, occupation and place of residence. The Committee asks the Government to forward copies of the range of legislative texts to which it refers in its report, and to provide information on their application in practice with respect to equality and non-discrimination in education, training, employment and occupation, including with regard to the application of the various exceptions permitted. Please also provide information on the measures taken to address discrimination based on the grounds set forth in section 7 of the Labour Law, including sexual orientation in employment and occupation.

Equality of opportunity and treatment of women and men. The Committee notes the statistical data provided by the Government indicating the high level of women’s participation in employment promotion activities organized by the State Employment Agency (SEA), particularly in vocational training, retraining and raising of qualifications, on-the-job training, measures to start commercial activities or self-employment, and professional training of persons subject to unemployment risk. With regard to occupational segregation, the Committee refers to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100), and also notes from the statistical information provided by the Government that women continue to be concentrated in education, health and social care, and trade, lodgement and food services. The Committee notes further from the Government’s report on Convention No. 100 that the Gender Equality Council was replaced in May 2010 by the Gender Equality Committee, and is mandated to promote the implementation, monitoring and improvement of the gender equality policy. The Gender Equality Committee is composed of representatives of the State, the social partners and non-governmental organizations. Regarding the Committee’s previous request with respect to the prohibition to inquire about a woman’s pregnancy status in the course of a job interview, the Committee notes the Government’s indication that there have been no administrative or judicial decisions on this matter. The Committee again asks the Government to provide information on any judicial or administrative decisions concerning the prohibition to inquire into a women’s pregnancy status in the context of a job interview, and to consider taking measures to raise awareness of this prohibition and the relevant avenues for redress. The Committee also asks the Government to provide information on the following:

(i)    any measures taken, and their impact, to address gender segregation in the labour market;

(ii)   details of the gender equality policy which the Gender Equality Committee is mandated to implement, and the specific initiatives of the Gender Equality Committee in this regard;

(iii)  the involvement of women in the various employment promotion activities of the SEA and to what extent such training and capacity building has resulted in women obtaining employment;

(iv)  statistics on the level of employment and the distribution of men and women in the different economic sectors, occupational categories and positions.

Equality of opportunity and treatment irrespective of race, colour, national extraction or social origin. The Committee notes the initiatives taken under the national programme “Gypsies (Roma) in Latvia” 2007–09. It particularly notes the training of Roma as teachers’ assistants to improve their employment level, and to ensure a better understanding of the issues relating to education and social inclusion of Roma children. Regarding minority groups other than the Roma, the Committee notes the activities implemented in the context of the “National Programme for the Promotion of Tolerance 2005–09”, the “Integration of New Members of the Society” project, and the establishment of the National Integration Centre, which provides training seminars and courses aimed at improving qualifications. The Committee asks the Government to provide information on the impact of the measures undertaken to promote equality of opportunity and treatment in education, training, employment and occupation for minority groups, including the Roma. Please continue to provide information on any other programmes or measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation in respect of minority groups.

Enforcement. The Committee notes that a new State Labour Inspectorate Law was adopted on 19 June 2008, which has the objective of expanding the areas of supervision and control of the State Labour Inspectorate (SLI). The Committee notes the Government’s indication that the SLI continues to supervise and control the observance of the provisions included in sections 7 and 29 of the Labour Law. The Committee notes that a number of complaints of discrimination in employment were addressed by the Office of the Ombudsperson, and only a few cases were addressed by the SLI between 2008 and 2010; no training has been provided to labour inspectors on equality and non-discrimination in employment and occupation. The Committee asks the Government to take measures to improve the capacity of labour inspectors to detect and address discrimination in employment and occupation, and to provide information on the measures taken in this regard. The Committee asks the Government to continue to provide information on the number, nature and outcome of discrimination complaints addressed by the judicial and administrative bodies.