Keyfinding - 8. Fair Treatment - 2022

8. FAIR TREATMENT

A. DISCRIMINATION IN EMPLOYMENT

As explained in the methodology part, a country must  in all employment related matters have the prohibited discrimination on seven of the following 10 grounds “race, colour, sex, religion, political opinion, national extraction or social origin, age, disability and trade union membership”. Three-fourth (86 of 115) prohibit discrimination on at least seven of the above referred ten grounds. 29 countries, of which 19 in Asia, do not prohibit discrimination in employment related matters.

B. EQUAL REMUNERATION

In line with the provisions of ILO Convention 100, nearly 70% (79 of 115) countries require equal remuneration for work of equal value. On the other hand, 36 countries of which half are in Asia, have no provision on equal remuneration for work of equal value. Only one country from Europe, Ukraine, has no clear provision on equal remuneration for work of equal value. 

C. SEXUAL HARASSMENT IN EMPLOYMENT

More than 80% (96 of 115) countries counteract sexual harassment at work with criminal penalties and/or civil remedies. There are ten countries which have a general prohibition on sexual harassment. Either it is not work related or no penalties were envisaged under the legislation. These are Bangladesh, Indonesia, Japan, Kuwait, Lesotho, Myanmar, Qatar, Russian Federation, Sudan, and Yemen. There are nine countries which have no provision on sexual harassment at work whatsoever. These are Argentina, Belarus, Botswana, Chile, Guatemala, Iran, Kazakhstan, Lebanon, and Mali. 

D. ACCESS TO SAME JOBS AS MEN

In 47% (54 of 115) of the countries, women have access to the same jobs as men without any restriction on type of work. Most African (23 of 34) and Asian (26 of 30) countries prohibit women to engage in similar jobs as men. Most European (28) countries do not have any restriction in their legislation prohibiting women from working in the same jobs as men.

E. GIG WORKERS

Nearly 80% (91) of countries in the Index provide basic social protection (old age, survivors’ and disability pensions) to self-employed workers. Since gig economy workers are considered self-employed independent contractors, provision of basic social protection to self-employed workers is taken positively. Compulsory³⁵ coverage (over 30%) and voluntary³⁶ coverage (nearly 30%) of social security for gig workers are mostly spread over Europe (54%) and Africa (over 35%) respectively. Other systems for the self-employed workers have also been identified in countries. South Africa is the only African country to provide conditional³⁷ coverage of social security for gig workers, while for mixed³⁸ coverage, Kenya and Singapore are the only African and Asian country providing it. Special systems³⁹ for self-employed are provided in Europe (Belgium, Finland, Germany, Spain) and Africa (Egypt). There exist only three countries in the Index which provide universal coverage of social security to all their residents; Botswana (Africa), Israel (Asia) and New Zealand (Oceania). However, the US is the only country to enact legislation granting gig workers the same access to fundamental workers’ rights, social protection, adequate living wages, decent working hours, and safe and healthy workplaces, as standard workers enjoy.