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DEPARTMENT of SOCIAL DIALOGUE, LABOUR LAW & LABOUR ADMINISTRATION MEETING OF LABOUR LAW EXPERTS

DEPARTMENT of SOCIAL DIALOGUE, LABOUR LAW & LABOUR ADMINISTRATION MEETING OF LABOUR LAW EXPERTS (Geneva, 11-13 October 2005). Equality at work, including pay equity: current challenges & recent evolutions. by Jane Hodges, Dialogue. 1998 Declaration & Key ILS.

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DEPARTMENT of SOCIAL DIALOGUE, LABOUR LAW & LABOUR ADMINISTRATION MEETING OF LABOUR LAW EXPERTS

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  1. DEPARTMENT of SOCIAL DIALOGUE, LABOUR LAW & LABOUR ADMINISTRATION MEETING OF LABOUR LAW EXPERTS (Geneva, 11-13 October 2005) Equality at work, including pay equity: current challenges & recent evolutions by Jane Hodges, Dialogue.

  2. 1998 Declaration & Key ILS Convention No. 111 – 163 ratifications Convention No. 100 – 162 ratifications Convention No. 156 – 36 ratifications Convention No. 183 – 11 ratifications Convention No. 122 - 95 ratifications What is the policy aim? Non-discrimination…promoting equality…response to a particular historical/political event e.g. end of apartheid or EU entry… In our experience, basic principles well accepted, the devil Is in the detail! Look also to the type of regulatory framework: general labour code, equality statute, Public Service Act, Disability laws, codes of practice (esp.on sexual harassment) http://www.ilo.org/ifpdial

  3. SCOPE & DEFINITIONS • private and public sectors, plus informal economy • direct & indirect discrimination must be covered • what is not discrimination, in particular inherent requirements of a particular job • what is not discrimination, in particular special measures • reasonable accommodation • coordination within Ministries and agencies • define sanctions in terms of “units” http://www.ilo.org/ifpdial

  4. BURDEN OF PROOF THE PROBLEMS: • Claimant must establish a prima facie case that the measure was discriminatory • Defendant to prove that the presumption was incorrect/that the measure was not discriminatory • Conciliation or Specialist body, court hears the case weighing up the shifting burden • Role of justified defences in some systems http://www.ilo.org/ifpdial

  5. AFFIRMATIVE ACTION THE PROBLEMS: • Clearly not reverse discrimination • Which target groups? (women, PWDs, racial groups) • Legislated systems (data collection, cyclical reporting, complaints, reviews, rewards) • Temporary • Enforcement & education (contract compliance, annual awards) http://www.ilo.org/ifpdial

  6. EQUALITY PROMOTION AGENCIES – are they effective? • Composition (tripartite, tripartite plus, merging of different ‘specialised’ bodies) • Relationship with other existing tripartite institutions/Constitutionallly established bodies/labour inspectorates/courts • Functions (advisory, reporting complaints & investigations) http://www.ilo.org/ifpdial

  7. WHAT IS NEW IN LAWS & CASE LAW? (a) Prohibited grounds are expanding: • using C.111 grounds of race, colour, religion, political opinion, national extraction • Using other ILO instruments: disability, HIV/AIDS, family responsibilities, maternity • Using ILO instruments for inspiration: sexual orientation (several member States), age (UK) http://www.ilo.org/ifpdial

  8. WHAT IS NEW IN LAWS & CASE LAW? • (b) Settlements & sanctions (penal & administrative) • Incentives v. punishments • Fewer caps on monetary settlements • Criminalization of offences (e.g. prison, confiscation of assets) http://www.ilo.org/ifpdial

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