Non-discrimination

All discrimination produces unequal effects that place the victims of discrimination in a situation of disadvantage, impairing their access to opportunities for employment, let alone equality of treatment at the workplace. It also translates into lower motivation for work and performance, leading to lower labor productivity and tensions at the workplace, with negative results for the enterprise’s overall performance and welfare. Human resource management practices and policies that prevent discrimination at work and promote equal treatment and opportunities without arbitrary distinctions are not only beneficial to the individual but also good for business.
--Equality at work: Tackling the challenges

In 1998, ILO conference passed the Declaration on the Fundamental Principles and Rights at Work. Such principles and rights include freedom of association, collective bargaining, no forced labour, no child labour, and no discrimination at work.

In China, a large number of farmer workers work in coastal areas. Since they are farmers, as indicated by their family register, they cannot acquire permanent residence in cities and are suffering from discrimination. In some cities, the government cannot provide good jobs to farmer workers, who have to do non-regular and low-wage works that urban residents are not willing to do. In recent years, the Chinese government has taken some important measures, such as minimum wage and enforcement of employment contract, to help farmer workers to receive recruitment service and occupational training.

Despite of the efforts of governments in promoting equal treatment of women and men in employment, as indicated by the results of a survey carried out by ILO, sexual discrimination remains an area of special concern. Large number of data has shown that women are discriminated in respect of employment opportunity and salary. Although the proportion of global female labor has increased to 56.6%, the proportion varies significantly in Asia. In middle and southern Asia, the proportion of female labor is on 43.5%, just higher than those in Middle East and North Africa. In addition, in southern Asia, 2 of 3 female workers are not paid of any wage. The unemployment rate of women is higher than that of men in all areas. According to ILO, the possibility of employment of women can be estimated according to proportion of women in legislative body, high-level administrative organizations, and management. The higher the proportion of women in such organizations, the less is sexual discrimination.

Unequal pay between men and women workers has always been the characteristics in all labor markets in the world. Even in European countries, which are considered mature in economic and social development, the hourly wage of male workers is 15% higher than that of female workers. In Asia, the monthly wage of female workers is 60% lower than that of male workers. In Taiwan, Singapore, and Hong Kong, the monthly wage of female workers is 30~40% lower than that of male workers.

Moreover, there still is discrimination based on race, religion, sex, and nationality, and other forms of discrimination, such as those based on age, sexual orientation, AIDS, and disability are frequently seen. In almost all countries, age is becoming an important factor affecting workers’ occupational achievements and work return. Discrimination based on age is influencing both young and old workers. Most young workers have to receive low wage and work for a long probation period. Discrimination in traditional forms is not eliminated, and new forms of discrimination appear in industrialized countries. Such discriminations are concerned by ILO and other organizations. For example, people who are prone to diseases, as indicated by their genes, and people whose life style is considered unhealthy, are discriminated. According to relevant report, the progress of genetics and relevant technology has made it easy to acquire gene information of workers, but there are legal problems related to screening workers using such information.

How to eliminate discrimination? ILO has provided the following plan: More powerful law and effective enforcement of law; promoting gender equality through more comprehensive, well-organized global initiative; put non-discrimination and equality into national policy and the decent labor program of ILO; and better conditions for workers and employers to promote equality at work.

As emphasized by Connie Thomas, China and Mongolia Division of ILO, elimination of discrimination needs not only legislation, but also partnership and close cooperation between workers, employers, and governments.

Procedures to Ensure Compliance in Your Facility
  • Ensure each employee has been educated on the facilities policy and procedure on Non-Discrimination (E.g. handbooks, meetings, courses, classes, postings, periodic notifications, etc.)
  • Ensure facility supervisors and managers treat all ethnic and religious groups equally.
  • Ensure gender groups are treated equally.
  • Ensure all employees have equal opportunity for overtime and advancement.
  • Develop and adopt an upstream communication channel for workers to raise issues of concern or discuss unequal treatment.
  • Do not use pregnancy testing as a condition of employment.
  • Ensure promotion and pay are based on performance (technical skills, quality work, team cooperation etc).
  • Ensure gender segregated bathrooms are provided.
Good Practices
  • Designate a person responsible for routinely verifying the effectiveness of the factory's policies and procedures on Non-discrimination.
  • The facility continuously trains supervisors and managers on the facilities policy on non-discrimination.
  • Managers and supervisors are held accountable for violations of the facilities policy on non-discrimination.
  • The facility has adopted a confidential system for factory worker feedback for violations of the factory policy on non-discrimination.
  • The facility shall ensure that workers representatives are not the subject of discrimination and that such representatives have access to their members in the workplace.
  • Management monitors subcontractors to ensure compliance with this standard.
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