Paragraphs 21-23 of the Declaration
(1) Does government policy promote equality of opportunity and treatment in employment and does the practice by multinational enterprises comply fully with the letter and spirit of such policy?
Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bangladesh, Barbados, Belgium, Brazil, Cambodia, Canada, Chad, Chile, Colombia, Costa Rica, Czech Republic, Dominica, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Gabon, Grenada, Hungary, India, Ireland, Italy, Japan, Jordan, Republic of Korea, Kuwait, Luxembourg, Malaysia, Mauritania, Mauritius, Mexico, Namibia, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Pakistan, Poland, Portugal, Romania, St. Vincent, Slovakia, Slovenia, Spain, Sri Lanka, Swaziland, Switzerland, Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia, Turkey, United Kingdom, United States, Venezuela, Zambia, Zimbabwe.
The employment policy of Antigua and Barbuda promotes equality of opportunity and treatment, reports the Government. MNEs are monitored to ensure that they fully respect that policy.
The Government of Argentina states that the information contained in its reply to the fifth survey is still applicable.
Referring to Queensland and the Australian Capital Territory, the Government of Australia points out that the relevant laws prohibiting all forms of discrimination, including in employment, apply to all enterprises, regardless of ownership. There are established legal procedures for submitting complaints and resolving disputes in this regard.
The Government of Austria notes that its reply to the last survey is still applicable. It adds that the Equal Treatment Act was amended by the Accompanying Labour Act (ArbBG), BGBI. No. 833/1992 which came into force on 1 January 1993. The aim is to speed up equality of opportunity and treatment for men and women in practice, and to bring national law into line with the requirements of the EU. The new law includes the concepts of "indirect discrimination" and "work of equal value", considers sexual harassment as an act of discrimination and provides for the payment of compensation in such circumstances. Workers discriminated against at the time of recruitment are entitled to compensation of up to two months' pay. Compensation is also provided for, in cases of discrimination with regard to promotion.
According to the Government of the Bahamas, MNEs comply with its policy for promoting equality of opportunity and treatment in employment.
The Government states that Bangladesh has ratified Convention No. 111 and is actively pursuing a policy to promote equality of opportunity and treatment in employment. It has also decided to ratify Convention No. 100. The national Constitution guarantees equality of opportunity to all citizens and the practices of MNEs, so far, fully comply with this policy. The Bangladesh Employers' Association agrees with the Government's reply.
The Government of Barbados states that its policies promote equality of opportunity and treatment in employment at all levels. These policies are clearly defined under the long-term goals of each development plan. MNEs generally comply with the letter and spirit of the policies. The Barbados Employers' Confederation affirms that the Government's policy promotes equality of employment and treatment.
The Government of Belgium notes that there is nothing particular to report as regards MNEs' policies on equality of opportunity and treatment. The National Labour Council draws attention to the legal framework governing equality in employment -- e.g. the Act concerning job contracts applicable to all workers regardless of their nationality (3 July 1978), and the amended collective agreement No. 38a (29 October 1991) which prohibits the employer from taking into account personal attributes, especially national origin, when recruiting, as long as this has no bearing on the activities of the enterprise. The laws in Belgium do not distinguish between national and foreign enterprises. This is in keeping with the OECD's requirements that enterprises must not be discriminated against by virtue of their origin. All enterprises, including subsidiaries of MNEs, are covered by the national legislation in force.
The federal Constitution of Brazil prohibits any form of discrimination, reports the Government. MNEs have been found to respect the law which calls for equality of opportunity and treatment in employment. According to the Single Central Organization of Workers women and low-skilled workers in Brazil are discriminated against. The wages of women doing "the same work" as men are about one-third less than those of their male counterparts. When new technologies are introduced, low-skilled workers are dismissed and no efforts are made to train them.
The Government of Cambodia pursues a policy of promoting equality of opportunity and treatment, as provided for in article 36 of the Constitution.
The Government of Canada notes that the statements made in its reply to the Fifth Survey are still valid and so too are those contained in its reports on the implementation of Conventions Nos. 100 and 111 which were submitted to the ILO's Committee of Experts on the Application of Conventions and Recommendations in 1993 and 1995 respectively. The Agreement on Internal Trade which came into force on 1 July 1995 provides for the harmonization of different provincial requirements for the certification of trades and professional qualifications. The aim is to guarantee labour mobility and the recognition of qualifications throughout the country. The last report of the Government of the Province of Quebec is still applicable. Legislation guaranteeing equal wages for women is being considered. As regards collective agreements, only 29 per cent of those involving MNEs apply either partly or fully to part-time workers, whereas in other enterprises it is 49.4 per cent. With respect to amenities, only 1 per cent of all enterprises in Quebec (local and foreign) have child-care facilities. Opportunities for women to obtain jobs and have union protection are relatively limited.
The Government reports that Chad has ratified Conventions Nos. 100 and 111. The national legislation guarantees equality of opportunity and treatment in employment. However, MNEs do not comply with the spirit and letter of this legislation, particularly when it comes to the treatment of foreigners and Chadians with the same qualifications who carry out work of equal value.
The Government of Chile indicates that the principle of non-discrimination is enshrined in article 19(16) of the national Constitution and section 2 of the Labour Code, both of which must be respected by enterprises, regardless of their origin. Section 39 of Legislative Decree No. 1.446 of 1976 concerning the Training and Employment Statute also prohibits discrimination by municipal and private placement services. The national labour policies and minimum labour standards apply to workers in all enterprises. Standards exceeding the minimum may be obtained through individual job contracts or collective bargaining.
The Government reports that the national Constitution and laws of Colombia guarantee equality of opportunity and treatment in employment and those MNEs that do not respect them are sanctioned accordingly. Under section 74 of the Labour Code, nationals must comprise at least 90 per cent of the workforce and at least 80 per cent of the skilled, technical and managerial personnel in MNEs as well as local enterprises. The National Association of Manufacturers concurs with the Government's observations and adds that considerable progress is being made with respect to promoting equality of opportunity and treatment in employment between men and women. Colombia has ratified Convention No. 111 and issued Decree 1398 of 1990 in order to further the 1979 UN Convention on the Elimination of All Forms of Discrimination Against Women. The General Confederation of Democratic Workers states that government policy promotes equality of opportunity and treatment in employment in all enterprises in Colombia, including MNEs.
The Government states that the Constitution and laws of Costa Rica guarantee equality of opportunity and treatment in employment and these norms are respected by MNEs.
The principle of equality of opportunity and treatment is guaranteed by the Constitution and the national labour legislation, states the Government of the Czech Republic. No violation of this principle by MNEs has so far been found. The Czech and Moravian Chamber of Trade Unions is of the view that while equality of opportunity and treatment in employment is guaranteed by law, certain categories of workers, such as those with physical disabilities, face problems because of inadequate structures to facilitate their integration in the labour market. However, this does not concern MNEs.
According to the Dominica Employers' Federation the principles enunciated in these paragraphs are contained in the national legislation. However, claims of unfair treatment on the grounds of sex, religion and trade union involvement, are not unusual.
The Government of Ecuador reports that Conventions Nos. 111 and 100 are respected, and those who violate these principles are sanctioned. MNEs apply the national standards concerning non-discrimination in employment.
The Government of Egypt promotes a policy of equality of opportunity and treatment. However, MNEs do not comply with the spirit of that policy since they discriminate between Egyptian and foreign staff. MNEs demand special qualifications such as languages, computer skills, and foreign educational background, which put nationals at a disadvantage vis-à-vis foreigners. There are also major wage differences between Egyptians and expatriates. Information provided through the Federation of Egyptian Industries shows that the Government promotes a policy of equality of opportunity and treatment and that enterprises in the pharmaceutical and metal trades (named) comply with the policy.
The Government reports that in Estonia any kind of discrimination on the basis of race, colour, sex or religion is prohibited by the Constitution, the Employment Contract Law, the Wage Law, and international agreements to which the country is a signatory. According to the Association of Estonian Trade Unions there is no discrimination in employment.
The Government of Ethiopia points out that a provision of Labour Proclamation No. 42/1993 explicitly underlines the importance of equality of opportunity and treatment in employment. This is in line with the national Constitution and the social policy of the country. The few MNEs in operation do comply with this policy and recruitment is based primarily on merit.
The Government of Finland states that an amendment has been made to the Constitution Act of Finland, according to which discrimination, including on the basis of sex, is prohibited. The same provision states that gender equality shall be promoted in social activities and in working life, particularly when determining salaries and wages as well as other terms of employment. The Penal Code was supplemented by a new chapter on offences relating to working life. Discrimination at work, violation of the rights of workers' representatives, and violation of workers' right to organize have been made a criminal offence. The provisions apply to all employers, regardless of the type or ownership of the enterprise. The Act on the Supervision of Labour Protection and Appeal Procedure in Matters concerning Labour Protection has been amended to enable the labour protection authority and the public prosecutor to prosecute offenders. The Act on Equality between Women and Men was supplemented by a provision explicitly stating that discrimination because of pregnancy is prohibited. At the same time, the prohibition of indirect discrimination on the basis of sex was specified. The relatively comprehensive reform of the Equality Act, which entered into force on 1 March 1995, included further specifications and clarifications of the prohibition of discrimination. It reinforced the obligation of the competent authorities as well as employers to promote equality between the sexes and strengthened the legal protection of those discriminated against. The Act obliges employers to promote equality between women and men at the workplace if they regularly employ at least 30 persons, by including specific measures in the annual personnel and training plan or the action programme for labour protection. The observance of the Equality Act is supervised by an Equality Ombudsman and an Equality Board in accordance with separate provisions of the law. MNEs are also obliged to promote equality and prevent discrimination. A Working Group that was set up in 1990 by central employers' and workers' organizations to study existing job evaluation schemes, presented its report in 1994. The report contained a number of recommendations for refining existing schemes and removing wage inequalities. A 1995 agreement on economic, employment and labour market policies called for the monitoring of the preparation of job evaluation guidelines and the assessment of data collection processes with respect to the status of male and female employees. Recent data show that since the 1993 recession there has been a disturbing trend toward growing wage disparities between men and women. The Confederation of Finnish Industry and Employers and the Employers' Confederation of Service Industries point out that in every respect MNEs take account of the efforts of the Government and the authorities to promote equality and combat discrimination. The Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) report that there is no evidence of discrimination in employment by MNEs. The amended Equality Act, which entered into force on 1 March 1995, stipulates that a plan for promoting equal opportunity has to be prepared for each workplace which has over 30 employees (details of the provisions of this Act are in the Government's reply).
According to the National Council of French Employers the principle of non-discrimination is fundamental to all national laws and it is fully respected by all MNEs.
According to the Government of Gabon, equality of opportunity and treatment in employment is promoted through several provisions contained in the Labour Code (sections 2, 140 and 179). It notes that employers have a slight preference for foreign workers and that they sometimes use "fraudulent practices" to obtain work permits for foreigners (e.g. by prolonging the status of deputy to the expatriate worker, requiring certain qualifications for the job or through the transfer of personnel). The Gabonese Confederation of Free Trade Unions acknowedges that while the law provides for equality of opportunity and treatment, this is not the case in practice.
The Government states that Grenada has ratified Convention No. 100 and MNEs comply fully with the letter and spirit of government policy in this regard.
The Government of Hungary states that a fundamental objective of its economic policy is the creation of equal employment opportunities. This is promoted through anti-discrimination legislation and by providing support to disadvantaged groups. The achievement of this objective is threatened however, by the nature of activities and by the preference of MNEs for young and middle-aged workers over those who are older. MNEs have undoubtedly made a significant contribution by providing jobs for unemployed youths, with some companies operating special employment-promotion programmes. There are also a few examples of MNEs taking initiatives to employ persons with disabilities.
The Government of India has introduced specific laws to promote equality of opportunity and treatment in employment and there has been no violation of such legislation by MNEs.
The commitment of the Government of Ireland to the principle of equality of opportunity for men and women in employment is reflected in its policies, as well as in the 1974 Anti-Discrimination (Pay) Act and the 1977 Employment Equality Act. These laws apply to all enterprises in Ireland. Under the 1974 Act, men and women have the right to equal pay for "like work" with the same or an associated employer, while the Employment Equality Act prohibits discrimination either directly or indirectly, on the basis of sex or marital status, as regards recruitment, conditions of employment, training and promotion. Discriminatory rules or instructions are prohibited. The Act is directed not only at employers but also vocational training institutions, employment agencies, employers' or employees' organizations and professional bodies. It also applies to the publication or display of advertisements. In the wake of the national agreement concluded by Government, employers and trade unions, i.e., the Programme for Competitiveness and Work, new legislation concerning equality is to be presented to Parliament in 1996, to strengthen existing provisions in this field. There is an Employment Equality Agency which, inter alia, gives continuous advice and assistance to both sides of industry. In special circumstances the Agency may either represent individuals or arrange for them to be represented in equality-related legal proceedings.
The Government of Italy promotes a policy of equality of treatment and of opportunities in employment. The General Confederation of Industry (Italy) concurs with the Government.
According to the Government of Japan, the legislation in force guarantees equality of opportunity and treatment in employment. Attempts are made to ensure that there is equal treatment between men and women as regards recruitment, promotion, training, working conditions, retirement age and dismissal.
The Government of Jordan affirms that the principle of equality of all citizens, including in the area of employment, is fundamental to the national legislation, which must be respected by MNEs. Scientific qualifications, practical experience, skills and competence are taken into account for the recruitment and promotion of workers, in order to meet national priorities. The Amman Chamber of Industry confirms that the Government promotes equality of opportunity, and that MNEs in Jordan comply with this policy. It is not aware of any complaints about discrimination in employment.
According to the Government, in the Republic of Korea equality of opportunity and treatment in employment is guaranteed under the 1993 Basic Employment Policy Act. In addition, as part of its efforts to expand employment opportunities for minorities, laws promoting employment for the aged and disabled persons have been enacted. The Labour Standards Law and the Equal Employment Law prevent discrimination on the basis of sex, nationality and social status. National laws apply equally to MNEs and other enterprises, and as such MNEs must comply with the provisions of the relevant laws. The Korea Employers' Federation notes that MNEs comply fully with national policies promoting equality of opportunity and treatment in employment.
The Government of Kuwait promotes equality of opportunity and treatment in employment, regardless of origin, sex, religion or nationality. The fact that local and foreign workers enjoy the same rights attests to the application of this principle in accordance with articles 29 and 41 of the Constitution.
The Federation of Luxembourg Manufacturers indicates that equality of opportunity and treatment prevails in MNEs. The Confederation of Independent Trade Unions (Luxembourg) is of the view that the policies and practices of enterprises conform with the provisions of the paragraphs mentioned.
The Government of Malaysia reports that the National Development Policy provides for equality of opportunity in employment. It also recognizes the concepts of "equal pay for work of equal value and equal opportunities for training and advancement irrespective of gender". The Malaysian Trades Union Congress reports that equality of opportunity is not promoted.
The General Confederation of Employers of Mauritania indicates that the Government has a policy of furthering equality of opportunity and treatment. ILO Convention No. 111 has been ratified and the Labour Code contains provisions in this regard (section 40, Title V). The Free Confederation of Workers of Mauritania is of the opinion that the Government does not promote equality of opportunity and treatment, as its employment policy is characterized by discrimination, based on a system of oppression and exclusion.
The Government reports that in Mauritius, the policy is to promote equality of opportunity and treatment in employment. There is a tendency for MNEs to employ a few of their own nationals in key positions where specific local competence is in short supply. Otherwise, they generally comply with the letter and spirit of the Government's policy.
Equality of opportunity and treatment in employment is guaranteed by the national labour laws of Mexico and they apply to all enterprises including MNEs, reports the Government. Mexico has ratified Conventions Nos. 100 and 111. In addition, under the Federal Labour Act, the principle of non-discrimination must also be applied by employers in all enterprises when it comes to the training of workers. The Mexican Confederation of Chambers of Industry notes that within the framework of the country's employment policy, care is taken to ensure that MNEs observe the principle of equality of opportunity in employment, which is guaranteed by law. Employers' organizations are very concerned about this issue and they collaborate with the authorities in this regard. The Confederation of Mexican Workers agrees with the Government.
The Government of Namibia affirms that its policies promote equality of opportunity and treatment and that MNEs fully comply with them. Multinationals provide both direct and indirect employment. Stability of employment in these enterprises is determined by developments in the product markets in which they operate. In considering operational changes that may have major effects on employment, MNEs provide reasonable notice to all concerned. Where staff cuts have been required, some MNEs have negotiated termination benefits as required by law. Such packages have included retraining.
According to the Government of the Netherlands its reply to the last survey is still valid. The Federation of Netherlands Industry and Employers agrees with the Government.
Referring to Convention No. 111 and Recommendation No. 111, and Convention No. 100, both the Government of New Zealand and the New Zealand Employers' Federation state that reference should be made to reports made to the ILO's Committee of Experts on the Application of Conventions and Recommendations for the periods 1 July 1994-30 June 1995, and 1 July 1991-30 June 1992, respectively.
The Government of Nicaragua reports that its policies promote equality of opportunity and treatment in employment, and that they are fully respected by MNEs.
The Government of Nigeria states that subject to the Immigration Act, and the Government's policy for encouraging the employment of local skilled and semi-skilled labour, discrimination in employment on any grounds is prohibited. MNEs do not discriminate in employment matters, since qualifications and skills constitute the basis for recruitment and career advancement. The reply of the Nigeria Employers' Consultative Association is the same as the Government's. The Nigeria Labour Congress reports that government policy promotes equality of opportunity and treatment in employment. Most MNEs do not, however, comply fully with the letter and spirit of this policy.
According to the Government of Norway, national policy gives high priority to achieving the objective of equality of opportunity and treatment in employment. Section 55A of the Act respecting Workers' Protection and the Working Environment (1977) promotes equality of opportunity in employment. The employer may not, either when advertising vacancies or otherwise, ask job applicants for information about their political, religious or cultural affinities and whether they belong to any workers' organizations. To avoid the exclusion of certain groups, a supplement to this provision has been proposed to prohibit discrimination based on race or colour. The 1978 Act on Equality between the Sexes, which came into force in 1979, has been effective in fostering progress towards gender equality. Its purpose is not only to promote equality between the sexes, but also access to education and employment, better remuneration, and improved cultural and professional development for women. Complaints of discrimination based on sex can be brought, either by individuals or organizations, before the Gender Equality Ombudsman who can also take the initiative to intervene in a dispute. Cases may be brought before the Gender Equality Appeals Board for resolution. In order to investigate a case, both the Ombudsman and the Board are empowered to request any necessary information from the parties involved. Cases of non-compliance with equality-related provisions of collective agreements can be brought to the Industrial Disputes Courts. This Act, together with other measures, provides national guidelines for the development of appropriate recruitment policies to ensure equality of treatment in employment. As a follow-up, the views of the Ministry of Children and Family Affairs are also sought to monitor compliance with the spirit and letter of such policies. None the less there are still "problems in achieving the goals of equal opportunity and treatment" -- i.e. there may be difficulties in proving whether discrimination has actually occurred. Tripartite commitment to "binding agreements and mechanisms for application" is a prerequisite for attaining the objectives of the Act. To date, only 14 enterprises (out of 10,337 covered) have a plan for gender equality as stipulated by the 1982 agreement between the Norwegian Federation of Trade Unions and the Confederation of Norwegian Business and Industry. The lack of effective implementation of and follow-up to the Act, has led the Government to intensify efforts in this regard, through legislation, information, research and pilot projects. Amendments have also been proposed to strengthen the provisions of the Act with regard to the following: employment; equal pay and working conditions; the implementation of equal pay provisions in collective agreements; and the role of the Ombudsman. A simple job evaluation methodology for comparing wages across occupational categories is being developed by a group of experts, in a bid to assist the social partners in their efforts to promote the principle of equal pay for work of equal value. The Confederation of Norwegian Business and Industry supports the views expressed by the Government.
The Government of Pakistan reports that MNEs provide equal opportunities for all workers, and that discrimination based on race, colour, sex and religion is totally discouraged. The Employers' Federation of Pakistan states that national policy promotes equality of opportunity and eliminates gender discrimination. Under the relevant laws, women have special treatment with regard to working time, maternity benefits and special leave for mourning or for other personal reasons.
The Government of Poland reports that the standards enunciated in Conventions Nos. 100 and 111 and the corresponding Recommendations have been incorporated in the national legislation which applies to all enterprises, including MNEs. According to the Independent Self-Governing Trade Union "Solidarno", practices with respect to equality of opportunity and treatment tend to be favourable in large MNEs which usually attach great importance to their image and reputation. Moreover, this question is covered in agreements signed between the Government and the MNEs before they begin operating in Poland.
The Government affirms that all enterprises in Portugal must respect national law and practice which guarantee protection from discrimination on any grounds. There is no difference between the conduct of MNEs and national enterprises in this respect. Notwithstanding the law, men tend to have easier access than women to positions requiring skills and qualifications. This may be accounted for by social and cultural factors which have had an impact on the educational levels and skills of women, and on their family responsibilities. The General Union of Workers reiterates the Government's observations with regard to the legal protection of individuals against discrimination and confirms that it applies to all enterprises in Portugal, including MNEs.
The Government states that Romania has a policy of equality of opportunity and treatment in employment which is respected by MNEs.
Government policy promotes equality of opportunity and treatment in employment, states the St. Vincent Employers' Federation.
The Government of Slovakia states that its labour market policy is based on the "Concept of Transformation of Social Domain in the Slovak Republic", and implemented at two levels. At one level, the overall employment policy is shaped by the country's general macroeconomic policies, and at another level, there are the supporting mechanisms, for promoting this policy -- e.g., employment agencies; retraining and upgrading of workers' skills; and the organization of public works programmes.
The Government of Slovenia confirms that it has a policy to promote equality of opportunity and treatment in employment and that MNEs comply fully with the letter and spirit of this policy.
The Government of Spain states that equality of opportunity and treatment in employment is promoted through Act 22/92 and Act 4/95 of 23 March 1995. Under the former, subsidies are granted to encourage the hiring of women in professions or positions where they are underrepresented and to enable their re-entry into the labour market after a period of absence of more than five years. Act 4/95 extends, from one to three years, the period during which parental leave is guaranteed. Employers are given economic incentives in the form of reduced social security contributions for recruiting workers to replace those on leave. The General Union of Workers (UGT) states that equality of treatment is guaranteed under sections 14 and 35.1 of the Constitution of Spain, sections 42(c), 17.1, 24.2 and 28 of the Workers' Statute and Act 11/1994 in which the concept of "work of equal value" replaces the old concept of "equal work". However, the evaluation of specific tasks for the purpose of job classification and the granting of performance-related bonuses sometimes make it possible for there to be hidden discrimination against women. The law provides for the partial nullification of agreements which contain discriminatory provisions. The UGT is of the view that the measures to combat discrimination are insufficient and somewhat late in coming, particularly given the problems that already exist in this regard.
The Government of Sri Lanka states that equality of opportunity and treatment in employment is guaranteed by the Constitution, and MNEs comply with this policy.
Government policy in Swaziland promotes equality of opportunity and treatment in employment in line with the relevant ratified Conventions and the Recommendations adopted in this respect.
The Government of Switzerland refers to its reply under paragraphs 8-12. MNEs are subject to, and respect, the national laws and regulations. They have at times shown themselves to be "more open-minded" than national enterprises. The Central Union of Swiss Employers' Associations (UCAPS) indicates that the principle of equality of treatment between men and women is laid down in the national Constitution. The Federal Act on Equality between Men and Women complements the Constitution by prohibiting, inter alia, sex discrimination related to recruitment, assignment of tasks, working conditions, remuneration, training and further vocational training, promotion and termination of employment. In a Guide for Employers concerning the Act (copy attached to report), UCAPS notes that it respects the principle of promoting women at work, and recognizes the responsibility of enterprises in this domain. However, it does not think the problem of discrimination against women, which is a social one, either can or must be resolved by imposing legal obligations on enterprises. Under the Act, discrimination encompasses sexual harassment and victims of discrimination are entitled to compensation. The Labour Code protects workers against unfavourable treatment because of their race or ethnicity, and an Act on Racial Discrimination was adopted in September 1994, introducing in section 261(a) of the Penal Code, a new provision covering labour-related issues (copy annexed to report). All enterprises are subject to this legislation. The Federation of Commerce, Transport and Food Industries Workers' Union (FCTA) states that the regulatory framework on equality of opportunity and treatment applies to all enterprises in Switzerland. In addition, collective agreements concluded by the FCTA increasingly contain provisions on this subject.
According to the Government of the Syrian Arab Republic, there is a policy of promoting equality of opportunity and treatment in employment, and MNEs respect it. The Chamber of Industry (Syrian Arab Republic) makes the same observations as the Government.
The Government of Thailand states that while national policy promotes equality of opportunity and treatment in employment not all MNEs comply with such requirements.
The Government of Trinidad and Tobago has a policy to promote equality of opportunity and treatment in employment and this is respected by MNEs. In a context marked by high unemployment and a scarcity of necessary skills, it is difficult to monitor MNEs' compliance with the letter and spirit of the policy. The Employers' Consultative Association of Trinidad and Tobago reports that government policy promotes equality of opportunity and treatment in employment, and that it is fully respected by MNEs.
According to the Government of Tunisia, equality of opportunity and treatment in employment is guaranteed by law, and it must be respected by MNEs. This includes the right to maternity protection for working women (maternity leave, paid time off for breastfeeding), the right to continuing training, and trade union rights. Act No. 93-66 of 5 July 1993 guarantees non-discrimination between men and women as regards the application of the Labour Code. In November 1992, Act No. 92-114 was adopted, incorporating the provisions of the Protocol of 1990 concerning the Convention on Night Work (Women) (Revised), 1948. Concerning equality of opportunity and treatment in employment, the Tunisian Confederation of Industry, Trade and Handicrafts indicates that MNEs apply the national standards, which are inspired by international labour standards.
According to the Government of Turkey, MNEs do not discriminate on any grounds and they fully respect the principle of equality of opportunity and treatment in accordance with the national legislation. The Confederation of Turkish Trade Unions affirms that government policy promotes equality of opportunity and treatment in employment and that MNEs comply fully with these policies.
The Government notes that the United Kingdom remains fully committed to the principle of equal opportunity for men and women in employment. As regards part-time workers, on 6 February 1995 regulations came into effect to guarantee employment protection on the same basis as that given to full-time workers. In the case of Northern Ireland, similar regulations came into effect on 19 March 1995. Previously, those working less than 16 hours per week were subject to more stringent requirements to qualify for "all statutory employment protection rights", and those who worked less than eight hours per week had no such entitlement. Under the Trade Union Reform and Employment Rights Act 1993, workers who believe that they are adversely affected by the application of a provision of a collective agreement or by a rule made by an employer, have the right to submit a complaint to an industrial tribunal. The provision or rule may be declared void by the tribunal. Moreover, under this Act, any code of practice concerning equal pay which is issued by the Equal Opportunities Commission under the Sex Discrimination Act 1975 is admissible as evidence and must be taken into account by any industrial tribunal considering a matter to which the code is relevant. In the case of Northern Ireland, the Industrial Relations (Northern Ireland) Order 1993 containing similar provisions came into effect on 26 November 1993. The 1994 Maternity (Compulsory Leave) Regulations provide for 14 weeks' maternity leave, automatic protection from maternity-related dismissal, and longer periods of maternity absence (around 40 weeks) for women with two years' continuous service. The Government gives details of maternity pay and entitlements, and eligibility for their receipt. These minimum statutory maternity rights may be made more favourable as a result of agreements between employers and employees. In the case of Northern Ireland, similar new provisions governing maternity leave and protection came into force on 10 June 1994. Under the Trade Union Reform and Employment Rights Act 1993, the identity of those involved in sexual harassment cases is protected for the duration of the case. In the case of Northern Ireland, the Industrial Relations (Northern Ireland) Order 1993 contains similar provisions. The Government notes that since 1993, limits to the amount of compensation which may be made in cases concerning sex discrimination have been abolished. This also applies to compensation in cases of racial discrimination, in keeping with the provisions of the 1994 Race Relations (Interest on Awards) Regulations and the 1994 Race Relations (Remedies) Act. As regards Northern Ireland, upper limits on compensation for victims of discrimination on any grounds were abolished in 1995. In 1994 the Government and the Equal Opportunities Commission introduced "Opportunity 2000" -- an initiative for creating regional consortia, comprising members from the public and private sectors, with responsibility for identifying barriers that women face at work and in public life, and devising ways of overcoming them. This is based on a similar 1992 initiative in Wales (Chwarae Teg). In the case of Northern Ireland, "Opportunity 2000", an employer-led initiative, was launched in 1994, with the aim of encouraging enterprises to take action for improving women's representation in senior positions (on the basis of merit). In Scotland, the Equal Opportunities Commission is involved in developing proposals for a "Fair Play" initiative and for supporting "Training 2000", an organization concerned with the training and occupational development of women. In 1993 the Out-of-School Childcare Grant was launched as a means of facilitating greater labour market participation of parents, by providing childcare for children of school age; 45 million is being channelled through Training and Enterprise Councils and Local Enterprise Councils for this purpose. An EU-funded Out-of-School Childcare Scheme is also to be introduced in Northern Ireland. Flexible working arrangements are encouraged and in 1991 and 1993 the Government issued two booklets highlighting the advantages of flexible working hours, part-time jobs and job-sharing to employers and workers (The Best of Both Worlds, 1991, and Be Flexible, 1993). Since 1990 public and private enterprises in Northern Ireland with more than 250 workers have had to register with the Fair Employment Commission. They must monitor annually the religious composition of the workforce and carry out triennial reviews of work practices to ensure that there is equality of opportunity and to introduce affirmative action programmes where necessary. As from 1992 these requirements were made applicable to enterprises with between 11 and 25 workers. The sanctions are quite significant. Recruitment and promotion must be based on merit and "positive discrimination and quotas are unlawful". As part of its national policy to promote equality of opportunity and treatment, the United Kingdom Government has produced, for widespread distribution, the following kits, guides and booklets (copies attached to report): A ten-point plan pack (a kit for employers); Equality pays -- How equal opportunities can benefit your business: A guide for small employers (booklet); Employers' equality networks (booklet); and Positive action -- Promoting racial equality in employment (booklet). Legislation on race relations in Northern Ireland is to be introduced, using the 1976 Race Relations Act (United Kingdom) as a model. The national legislation concerning equality of opportunity also applies to MNEs, states the Confederation of British Industry.
The Government of the United States reports that its policy on equality of opportunity and treatment in employment is embodied in constitutional decisions, legislation and executive orders. An important piece of legislation in this regard is Title VII of the 1964 Civil Rights Act, as amended by the 1972 Equal Employment Opportunity Act, the 1991 Civil Rights Act and other legislation. Title VII prohibits discrimination on the basis of race, colour, national origin, religion or sex, in all aspects of employment by all employers, employment agencies and labour organizations with 15 or more employees (or members where applicable). It also prohibits any reprisals or discriminatory action against individuals or groups of individuals "because they have opposed discriminatory practices, participated or assisted in any way, in a charge, investigation or proceeding brought under its provisions". Title VII is administered by the US Equal Employment Opportunity Commission, an independent federal agency. It receives individual and collective complaints, may issue its own complaints and has litigation and enforcement powers. By law, employers with a workforce of more than 100 and government contractors must submit annual reports to the Joint Reporting Committee indicating by race, sex and national origin the numbers employed by major job category. Federal contractors and subcontractors with 50 or more employees and contracts or purchase orders amounting to US$50,000 or more must file similar annual reports. Under Title VII, as amended by the Civil Rights Act of 1991, victims of harassment or discrimination based on sex, religion or disability may be granted monetary compensation. The Act clarifies procedures for dealing with cases of employment practices "which are fair or non-discriminatory in form but have a disparate impact on a particular group". Under the Act, a Glass Ceiling Commission chaired by the Secretary of Labor has made recommendations for overcoming artificial barriers to the advancement of women and minorities in the workplace. Title I of the 1990 Americans with Disabilities Act prohibits discrimination in all aspects of employment against qualified indivi-duals with disabilities, as well as retaliation against those who oppose discrimina-tory practices or participate in efforts to enforce the statute. Systematic data on the incidence of discrimination by MNEs are not available, but there appears to be no major problem in this regard. US law does provide for nationals of the home country of MNEs to hold certain positions in the enterprise; therefore the presence of such individuals does not in itself constitute evidence of discrimina-tion. The selection of home country nationals for certain positions could, however, be challenged under Title VII of the Civil Rights Act and a case-by-case analysis of the qualifications required for particular positions could be undertaken.
The Venezuelan Federation of Chambers of Commerce and Manufacturers' Associations notes that the labour legislation as well as government policy, promote equality of opportunity and treatment in employment. MNEs apply fully the principles of ILO Conventions Nos. 100 and 111, together with their corresponding Recommendations. "Equal pay for equal work" is guaranteed by law. Foreigners can only comprise a maximum of ten per cent of the workforce in an enterprise.
The Government of Zambia states that its policies promote equality of oppor-tunity and treatment in employment. Zambia has ratified Conventions Nos. 100 and 111. These and the corresponding Recommendations are duly respected. So far, the practices of MNEs comply fully with the letter and spirit of this policy.
The Government of Zimbabwe states that the Labour Relations Act. No. 16 of 1985 stipulates that, as regards employment-related matters, employers shall not discriminate against employees or prospective employees on the basis of race, tribe, place of origin, political opinion, creed or sex. This provision applies to both MNEs and national enterprises. The Employers' Confederation of Zimbabwe confirms that the Government's policy is in line with the Labour Relations Act, and that it promotes equality of opportunity and treatment in employment. MNEs respect both the law and policy.