Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Luxembourg (Ratification: 2001)

1. Sexual harassment. The Committee notes that according to Luxembourg’s fifth periodic report under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/LUX/5, 8 May 2006, paragraph 33), the High Court of Justice had recognized the right of victims of sexual harassment to obtain compensation. The Committee requests the Government to provide more detailed information in its next report on the practical application of the legal provisions concerning sexual harassment, including information on any action taken to publicize the relevant provisions, indications on the action taken by the labour inspectors to monitor their implementation, as well as information on any relevant judicial or administrative decisions.

2. Inherent requirements of the job. The Committee notes that the Government did not provide any information in reply to point 4 of the Committee’s previous direct request concerning the practical application of section L. 241-3, paragraph 3(2) of the Labour Code (previously section 3(2) of the Act of 31 December 2001). This provision provides that the Government may, by a regulation of the Grand Duchy, after consultation with the relevant occupational chambers and the Committee on Women’s Work, establish the instances in which sex may be specified among the requirements for a job and, where appropriate, for training for the job or an occupational activity for which, owing to its nature or the circumstances in which it is performed, sex is a decisive requirement. The Government is requested to indicate whether any regulations have been issued under section L. 241-3, paragraph 3(2), of the Labour Code and, if so, what practical effect such regulations have had on the employment of women and men respectively.