4.3. Discrimination
Discrimination against employees occurs when a worker is treated differently on the basis of
personal characteristics. Personal characteristics include e.g. gender, religion, age, membership
in a union or other organisation, race, caste, ethnic origin, disability, sexual orientation,
family responsibilities, marital status or political opinions.
Unequal treatment can take place with regard to compensation, payment of bonuses, in the hiring
process or the use of services offered by the company, amongst others.
The prohibition of discrimination is regulated in international conventions (Human Rights
Declaration of the United Nations, ILO Convention 100 and 111) as well as in most local labour
protection laws. Some countries have special antidiscrimination laws that regulate the right
to compensation in the event of discrimination.
The following points must be observed:
- Employees may only be hired on the basis of their qualifications and expertise.
- All employees with comparable expertise must have the equal opportunity to perform
overtime within the limits permitted by law.
- Employees may not be fired or made redundant on the basis of personal characteristics.
- The pregnancy of an employee may have no impact on the decision to hire. The
employer is not allowed to ask questions about this subject during the interview or
require that the employee signs a declaration of not being pregnant or planning to
become pregnant. Pregnancy tests are not permitted in the hiring process or
thereafter.
- The use of contraceptives may not be made a condition for hiring or employment.
Women may not be made redundant on account of pregnancy.
- Differences in payment may not result from the personal characteristics of the
employees.
- If an employee complains about the violation of his/her rights, this may not lead to
personal disadvantages. On the contrary, every violation of labour rights must be
investigated and the causes removed. A regulated complaint system is to be
established for this reason. The employees should be informed about its existence
and how it works. There must be a clear system for voicing complaints, handling them
and implementing improvements.