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Non-Discrimination and Equal Opportunity: Guidance for Employers by EBRD, Slides of Religion

Guidance for employers financed by the european bank for reconstruction and development (ebrd) on complying with national and international laws related to non-discrimination and equal opportunity in employment. It covers topics such as prohibited grounds for discrimination, recruitment, wages and working conditions, and employer safeguards against discrimination.

Typology: Slides

2021/2022

Uploaded on 09/27/2022

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Nondiscriminationandequalopportunity:guidanceforclients
Keypointstobefollowed:
>>Employmentdecisions,suchasrecruitment,dismissal,promotion,arenotmade(directlyorindirectly)onthe
basisofpersonalcharacteristicssuchassex,race,nationality,etc,butratherontheabilitytodothejob
>>Employerhaspolicieswhichpromoteequalityoftreatmentandprohibitharassmentintheworkplace
>>Managersaretrainedinprinciplesofnondiscrimination
ThisinformationisintendedtoassistclientsoftheEuropeanBankforReconstructionandDevelopment
(EBRD)intheircapacityasemployers.
EBRDwishestoensurethattheworkingconditionsintheprojectsthatitfinancesareincompliancewith
nationallabourlawsandhealthandsafetyregulationsandinternationalgoodpracticeintheseareas.
TheEBRD’sspecificrequirementsaresummarisedinitsPerformanceRequirement(PR2)onlabourand
workingconditions.Theprovisionsonnondiscriminationarestatedbelow.
PR2.10Nondiscriminationandequalopportunity:ProjectswillcomplywithEUrequirementsonnon
discriminationrelatedtoemployment.Inparticular,theclientwill:
Notmakeemploymentdecisionsonthebasisofpersonalcharacteristicssuchasgender,race,nationality,
ethnicorigin,religionorbelief,disability,ageorsexualorientation,unrelatedtoinherentjobrequirements
Basetheemploymentrelationshipontheprincipleofequalopportunityandfairtreatment,andwillnot
discriminatewithrespecttoallaspectsoftheemploymentrelationship,includingrecruitmentandhiring,
compensation(includingwagesandbenefits),workingconditionsandtermsofemployment,accessto
training,promotion,terminationofemploymentorretirement,anddiscipline.
Specialmeasuresofprotectionorassistancetoremedypastdiscriminationorpromotelocalemployment
opportunitiesorselectionforaparticularjobbasedontheinherentrequirementsofthejob,whicharein
accordancewithnationallaw,willnotbedeemeddiscrimination.
EBRDseekstopromotethecorevaluesoftheEU,includingnondiscriminationandequalopportunity.
ForthisreasonPR2.10referstotherequirementsofEUlegislationonnondiscriminationin
employment.PR2.10alsoclearlyreiteratesthegroundsforpotentialdiscriminationinemployment,
meaningthatatthepresenttime,thereisfullcongruencebetweenthegroundsfordiscrimination
includedinEUlegislationandthosecontainedinPR2.10.
WorkplacediscriminationisprohibitedinallofEBRD’scountriesofoperation,inlinewithPR2.10and
ILOconventions.AllEBRDcountriesofoperationhaveratifiedtherelevantILOconventions,whichrelate
tonondiscrimination(C111)andtherighttoequalremunerationforworkofequalvalue(C100).
Aswellasbeingabreachofindividualrights,discriminationinemploymentisnotgoodbusiness
practice.Itpreventsworkersfrommakingtheirfullestpossiblecontributiontotheworkplaceand
impedesthecreationofaharmonious,motivatedandproductiveworkingenvironment.Inbroader
terms,employmentdiscriminationgeneratessocioeconomicinequalitiesthatunderminesocial
cohesionandslowpovertyreduction.
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Non discrimination and equal opportunity: guidance for clients

Key points to be followed:

Employment decisions, such as recruitment, dismissal, promotion, are not made (directly or indirectly) on the basis of personal characteristics such as sex, race, nationality, etc, but rather on the ability to do the job Employer has policies which promote equality of treatment and prohibit harassment in the workplace Managers are trained in principles of non‐discrimination

This information is intended to assist clients of the European Bank for Reconstruction and Development

(EBRD) in their capacity as employers.

EBRD wishes to ensure that the working conditions in the projects that it finances are in compliance with

national labour laws and health and safety regulations and international good practice in these areas.

The EBRD’s specific requirements are summarised in its Performance Requirement (PR 2) on labour and

working conditions. The provisions on non‐discrimination are stated below.

PR2.10 Non‐discrimination and equal opportunity : Projects will comply with EU requirements on non‐ discrimination related to employment. In particular, the client will:  Not make employment decisions on the basis of personal characteristics such as gender, race, nationality, ethnic origin, religion or belief, disability, age or sexual orientation, unrelated to inherent job requirements  Base the employment relationship on the principle of equal opportunity and fair treatment, and will not discriminate with respect to all aspects of the employment relationship, including recruitment and hiring, compensation (including wages and benefits), working conditions and terms of employment, access to training, promotion, termination of employment or retirement, and discipline. Special measures of protection or assistance to remedy past discrimination or promote local employment opportunities or selection for a particular job based on the inherent requirements of the job, which are in accordance with national law, will not be deemed discrimination.

EBRD seeks to promote the core values of the EU, including non‐discrimination and equal opportunity.

For this reason PR2.10 refers to the requirements of EU legislation on non‐discrimination in

employment. PR2.10 also clearly reiterates the grounds for potential discrimination in employment,

meaning that at the present time, there is full congruence between the grounds for discrimination

included in EU legislation and those contained in PR2.10.

Workplace discrimination is prohibited in all of EBRD’s countries of operation, in line with PR2.10 and

ILO conventions. All EBRD countries of operation have ratified the relevant ILO conventions, which relate

to non‐discrimination (C111) and the right to equal remuneration for work of equal value (C100).

As well as being a breach of individual rights, discrimination in employment is not good business

practice. It prevents workers from making their fullest possible contribution to the workplace and

impedes the creation of a harmonious, motivated and productive working environment. In broader

terms, employment discrimination generates socio‐economic inequalities that undermine social

cohesion and slow poverty reduction.

At a minimum, EBRD requires that clients adopt clear and transparent policies that encourage workplace

decision‐making on the basis of personal merit rather than irrelevant personal characteristics.

1. What is discrimination?

Discrimination involves treating people differently on the basis of a personal characteristic that is

unrelated to their ability to do the job. Prohibited grounds under PR2 include gender, race, nationality,

ethnic origin, religion or belief, disability, age or sexual orientation. Non‐discrimination measures should

apply to all workers.

Discrimination may be direct or indirect and does not have to be intentional. Practices which appear

neutral but result in the unequal treatment of people with certain characteristics are called indirect

discrimination. For example, indirect discrimination may arise if part‐time workers are targeted for

retrenchment, where women are more likely to be concentrated in this category than men.

Discrimination may also include harassment and bullying.

Some exceptions to non‐discrimination requirements  Distinctions based on the inherent requirements of the particular job or task are permissible, although this exception should be applied narrowly.  Measures to assist or protect some workers may be permissible under international law (e.g. maternity protection for women), or under national laws designed to meet the needs of persons who are generally recognized to require special protection or assistance (e.g. preferential treatment to women in hiring in order to remedy the effects of past discrimination).

2. Discrimination at different stages of the employment relationship Recruitment, training, promotion and termination Wages and conditions of work  Job applicants or workers should not be asked about or to undertake health or pregnancy tests (except as strictly required by health and safety laws) or be asked directly or indirectly about HIV/AIDS status. Health assessments  Workers should be treated equally in relation to working conditions (e.g. working hours, security of tenure, leave, safety and health measures, social security and other benefits) and pay (including additional payments such as overtime, bonuses, allowances and in kind benefits).  Women must receive equal pay for work of equal value. This means that rates of remuneration (including the basic wage and any additional cash or non‐cash benefits) must be established without any discrimination based on sex.  Discriminatory reasons should not be a factor in hiring, training, promotion, training and termination decisions, including redundancy.  Job announcements, application forms or interviews should not refer to an applicant’s gender, marital status, age, race, disability or other personal characteristic that is irrelevant to the job. For example, as a general rule, women should not be asked if they are married, pregnant or have children (or are planning to).  The procedure and criteria applied during retrenchment phases should be objective and transparent and should not disadvantage one group over another.

communicated and accessible to management, supervisors and workers. Ensure that managers and

supervisors are trained in the application of the policies.

 Ensure that job advertisements, job descriptions and applications do not refer to applicants/workers

race, gender etc (except rare cases where legal exceptions apply)

 Ensure that decisions on hiring, working conditions, pay, benefits, training, promotion, termination,

redundancy are not made on the basis of discriminatory grounds or on the basis of criteria which

disproportionately impact on one group more than another

 Ensure that women and men are paid the same wages for work of the same value, i.e. remuneration

is based on the employee’s skills, experience, responsibilities and other objective, non gender‐

related factors

 Monitor the workplace for any form of harassment and, where it is found, act quickly to address it

 Ensure that workers are not asked about or required to undergo health or pregnancy testing, except

where there is a genuine health and safety need

 Take steps to enable workers with disabilities to retain their jobs and make accommodations

required by national law for physically disabled persons