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Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The equality law prohibits discrimination with respect to employment on the basis of sex (including pregnancy). No labor law explicitly prohibits discrimination with respect to employment on the grounds of sex (including pregnancy), race, color, religion, disability, sexual orientation or gender identity, language, political opinion, HIV/AIDS status, age, national origin, or refugee or stateless status. In court cases on employment discrimination based on sex, the equality law prevails.

Violations of the law may result in the award of compensation to a prospective or dismissed employee equal to a maximum of three months’ salary in the public sector and six months’ salary in private industry. The government did not effectively enforce this provision. Penalties were not sufficient to deter violations. The ILO observed that the country lacked easily accessible mechanisms for workers to seek remedy or compensation for discrimination in employment and vocational training.

Discrimination in employment and occupation occurred with respect to national, racial, and ethnic minorities as well as based on sex, sexual orientation, gender identity, disability, HIV/AIDS status, and age. For example, an employer dismissed an HIV-positive person after the employee informed his supervisor of his HIV-positive status.

Discrimination against women in the workplace is illegal, but a disproportionate share of women held jobs with lower levels of responsibility. Employers promoted women less frequently than they did men, and women were less likely to own or manage businesses. According to TravailSuisse, one of the country’s largest trade unions representing more than 150,000 workers, women were severely underrepresented in top-level management positions, particularly in private industry.

On June 19, parliament passed legislation calling for women to occupy at least 30 percent of corporate board positions and 20 percent of corporate management positions in enterprises with a minimum of 250 employees. The nonbinding policy requires businesses that fail to reach the targets to submit a written justification to the government.

The law entitles women and men to equal pay for equal work, but this was not enforced effectively according to TravailSuisse. Based on research by the Federal Statistics Office, there was an 18 percent gender wage gap across both the public and private sectors in 2016, the last year for which data was available. In 2016 the median monthly income for women in the public sector was 7,468 Swiss francs/U.S. dollars, while men earned 8,966 Swiss francs/U.S. dollars. The median monthly income for women in the private sector was 6,266 Swiss francs/U.S. dollars while men earned 7,793 Swiss francs/U.S. dollars. On June 14, several hundred thousand people protested against gender inequality and the gender pay gap in one of the country’s largest-ever demonstrations.

In December 2018 parliament passed a law giving companies with more than 100 employees until 2021 to submit an independent report examining potential wage gaps between men and women. The law requires companies to repeat the assessment every four years until no evidence of an unjustified wage difference is found.

The Federal Office for Gender Equality’s annual budget of approximately four million Swiss francs/U.S. dollars financed projects that promoted equal pay and equal career opportunities. As of July the office had approved 14 projects totaling 1.4 million Swiss francs/U.S. dollars. In 2018 the office financed projects worth approximately 4.4 million Swiss francs/U.S. dollars. The projects were primarily geared towards assisting businesses and counseling offices in eliminating sex-based discrimination.

According to Inclusion Handicap, problems remained in integrating individuals with disabilities, especially those with mental and cognitive handicaps, into the labor market. The NGO noted discrimination against disabled persons was particularly problematic in the private sector. Procap, one of the country’s largest organizations for persons with disabilities, stated that many persons with disabilities lacked adequate support from social insurance after taking a job, making sustained employment difficult (also see section 6, Persons with Disabilities).

The NGOs Pink Cross and Transgender Network noted LGBTI persons experienced workplace discrimination but did not provide specific examples.

According to a July 2018 study by the Bern University of Applied Sciences, only 14 percent of unemployed persons older than age 50 found a stable job after losing their previous employment, with many requiring social assistance after their unemployment benefits expired. The Romani association Romano Dialogue reported Roma were subjected to discrimination in the labor market and that many Roma concealed their identity to prevent professional backlash.

There were reports of labor discrimination against persons with HIV/AIDS. In 2018 the Swiss AIDS Federation registered 122 cases of discrimination against individuals with HIV, the highest number of discrimination cases ever recorded. Approximately 15 of the complaints concerned employment discrimination or other discrimination in the workplace. Examples of workplace discrimination included refusals to renew job contracts and dismissals because of a person’s HIV-positive status.

According to several organizations, including the International Organization for Migration and the Advocacy and Support Organization for Migrant Women and Victims of Trafficking, migrant workers in low-wage jobs were more likely than other workers to face exploitative labor practices and poor working conditions. This was especially true in the construction, hospitality, tourism, domestic-work, health-care, and agricultural sectors.



Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

Although the constitution provides for equality between men and women, the law does not provide for the same legal status and rights for women as for men. Labor and nationality laws discriminate against women. While the constitution provides the “right of every citizen to earn his wage according to the nature and yield of the work,” the law does not explicitly stipulate equal pay for equal work. The Commission for Family Affairs, Ministry of Justice, and Ministry of Social Affairs and Labor shared responsibility for attempting to accord equal legal rights to women. Governmental involvement in civil rights claims, including cases against sexual discrimination, was stagnant, and most claims went unanswered. Women participated in most professions, including the armed forces, although UNFPA reported that violence and lawlessness in many regions reduced women’s access to the public sphere. Various sources observed that women constituted a minority of lawyers, university professors, and other professions.

The constitution does not address discrimination based on sexual orientation, age, or HIV-positive status. Since the law criminalizes homosexuality, many persons faced discrimination due to their sexual orientation.

The law prohibits discrimination against persons with disabilities, including their access to education, employment, health services, and other state services, but the regime did not enforce these provisions effectively. Discrimination occurred in hiring and access to worksites. The law seeks to integrate persons with disabilities into the workforce, reserving 4 percent of government jobs and 2 percent of private-sector jobs for them. Private-sector businesses are eligible for tax exemptions after hiring persons with disabilities.

Discrimination in employment and occupation occurred with respect to certain minority groups (see section 6, National/Racial/Ethnic Minorities).


Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation. The law prohibits potential employers from requesting medical reports from job candidates to prove they do not have HIV or other communicable diseases. The law forbids termination of employment because of pregnancy or marriage.

Workers who encounter discrimination can file complaints with two independent committees composed of scholars, experts, and officials in city and county departments of labor affairs. Local labor affairs bureaus are empowered to intervene and investigate discrimination complaints. Authorities enforced decisions made by those committees. Employers can appeal rulings to the Ministry of Labor and the Administrative Court.

Latest available statistics showed that among the 201 sex discrimination cases reported in 2017, the majority involved forced resignations due to pregnancy. 141 sexual harassment cases and 118 unfair treatment or work equality cases were reported the same year. Scholars said these numbers significantly understated the problem due to workers’ fear of retaliation from employers and difficulties in finding new employment if the worker has a history of making complaints.

Persons with “minor” disabilities who have not applied for proof of disability from the government are nonetheless protected against employment discrimination. The Ministry of Labor imposes fines of between NT$300,000 and NT$1.5 million ($9,770 and $48,900) on employers who discriminate against this category of disabled workers or job seekers.

The law requires 3 percent of the workforce in the public sector and 1 percent of the workforce in the private sector to be persons with disabilities. In 2018, 4.3 percent of the public sector workforce were persons with disabilities; the private sector continued to fall short of the regulated target. The unemployment rate for persons with disabilities was three times higher than that for persons without disabilities.


Section 7. Worker Rights

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination with respect to employment and occupation on the basis of race, sex, gender, disability, language, HIV-positive status, other communicable diseases, or social status. The law does not expressly prohibit worker discrimination on the basis of color, religion, political opinion, national origin or citizenship, or age.

In June 2017 parliament approved amendments to the Law on Police, which bans persons with dual citizenship, foreign nationals, and stateless persons from serving in the police force. In March 2017 the Council of Majlisi Namoyandagon, the lower house of parliament, approved amendments to the Law on Public Service prohibiting dual citizenship for any persons in public service. In 2016 lawmakers approved amendments to the law banning individuals with dual citizenship from serving in the country’s security services and requiring knowledge of the Tajik (state) language.

Employers discriminated against individuals based on sexual orientation and HIV-positive status, and police generally did not enforce the laws. LGBTI persons and HIV-positive individuals opted not to file complaints due to fear of harassment from law enforcement personnel and the belief that police would not take action.

The law provides that women receive equal pay for equal work, but cultural barriers continued to restrict the professional opportunities available to women.

The government did not effectively enforce discrimination laws, and penalties were not adequate to deter violations.

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