Equality and Non-Discrimination at Work in Cambodia: Manual
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Equality and non-discrimination at work in Cambodia: Manual ILO Regional Office for Asia and the Pacific ILO C111 Manual (en)_cover.indd 1 12/5/12 12:10 AM Equality and non-discrimination at work in Cambodia: Manual ILO Regional Office for Asia and the Pacific Copyright © International Labour Organization 2012 First published 2012 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. Equality and non-discrimination at work in Cambodia: Manual / ILO Regional Office for Asia and the Pacific. - Phnom Penh: ILO, 2012 288 p. ISBN: 9789221268277; 9789221268284 (web pdf) ILO Regional Office for Asia and the Pacific equal rights / equal employment opportunity / gender equality / affirmative action / role of ILO / ILO Convention / Cambodia 04.02.2 Also published in Cambodian: esovePAENnaMGMBIsmPaB nigkarminerIseGIgenAkEnøgkargar enAkñúgRbeTskm<úCa, ISBN 9789228268270; 9789228268287 (web pdf), Phnom Penh, 2012. ILO Cataloguing in Publication Data The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications and electronic products can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland, or ILO Regional Office for Asia and the Pacific, 11th Floor, United Nations Building, Rajdamnern Nok Avenue, Bangkok 10200, Thailand, or by email: [email protected]. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected] Visit our website: www.ilo.org/publns and www.ilo.org/asia Printed in Cambodia Contents Contents ___________________________________________________________________________ Foreword v ___________________________________________________________________________ Acknowledgements vi ___________________________________________________________________________ Introduction 1 ___________________________________________________________________________ Part I. Equality and non-discrimination: Key concepts 2 1. The equality principle, standards and rationale 2 1.1 The origins of discrimination 2 1.2 Why is equality important for people, society and business? 3 1.3 Key international policy instruments to promote equality 5 1.4 Cambodian legal framework on non-discrimination at work 7 ___________________________________________________________________________ 2. Discrimination and equality: Concepts and principles 11 2.1 Definition of discrimination in Convention No. 111 and Cambodian Labour Law 11 2.2 What is discrimination at work? – Key concepts 13 2.3 Prohibited grounds of discrimination by Convention No. 111 17 2.4 Other grounds prohibited by national and international standards 22 2.5 Equality and discrimination at different stages of the employment cycle 24 2.6 What does not constitute prohibited discrimination? 33 ___________________________________________________________________________ 3. Methods of application of Convention No. 111 38 3.1 What are the State’s obligations under the Convention? 38 3.2 Promoting and enforcing Convention No. 111 through policies and legislation 38 3.3. Access to justice and legal protection 46 3.4. Practical measures 51 3.5. Role of social partners and strategic alliances 53 ___________________________________________________________________________ Part II. Exercises 58 1. Exercises to start a training workshop 58 Exercise 1. Jigsaw puzzle: Self introduction exercise (Icebreaker) 58 Exercise 2. Inventory of participants’ expectations and contributions 59 ___________________________________________________________________________ 2. Exercises to initiate discussion on discrimination 60 2.1 Exercises to discuss stereotypes 60 Exercise 3. Be aware of your own bias 60 Exercise 4. What makes a woman? What makes a man? 63 Exercise 5. Gender stereotypes: Facts or opinions 68 Exercise 6. Perceptions on men and women at work 74 Exercise 7. Different approaches to multiculturalism: Game 77 Exercise 8. Identifying discrimination: Group work 79 2.2 Role-plays to experience discrimination 81 Exercise 9. “Do I have a chance to get the job?” Role-play 81 Exercise 10. Rules of the game: Role-play 87 i Equality and non-discrimination at work in Cambodia: Manual 2.3 Exercise to discuss the rationale for equality promotion 89 Exercise 11. Why is equality good for people, society and business? 89 2.4 Exercises to disseminate information on disabilities and health conditions 91 Exercise 12. Disability and ability 91 Exercise 13. Quiz and discussion on HIV 95 ___________________________________________________________________________ 3. Exercises to discuss key concepts in relation to discrimination 98 3.1 Types of discrimination 98 Exercise 14. What type of discrimination is it? 98 3.2 Inherent requirements of the job 104 Exercise 15. Inherent job requirement or discrimination: Case studies 104 3.3 Approaches and strategies for achieving substantive equality 111 Exercise 16. Protection and equality: Case study 111 Exercise 17. Affirmative action for gender and ethnic equality 115 Exercise 18. Reasonable accommodation: Case studies 122 ___________________________________________________________________________ 4. Exercises to discuss discrimination at different stages of the employment cycle 127 4.1 Fair recruitment practices 127 Exercise 19. Writing non-discriminatory job advertisements 127 Exercise 20. Discriminatory recruitment practices? Case studies 132 4.2 Pay equity 127 Exercise 21. Equal pay for work of equal value – Job evaluation: Case study 135 Exercise 22. Discrimination in pay and benefits: Case studies 141 4.3 Conditions of work 148 Exercise 23. Identifying harassment at the workplace: Case studies 148 Exercise 24. Employment agencies and equal treatment for workers: Case study 156 4.4 Termination of employment 160 Exercise 25. Termination of employment during pregnancy: Case studies 160 Exercise 26. Retrenchment: Case discussion 170 Exercise 27. Different retirement age for women and men: Case study 173 ___________________________________________________________________________ 5. Exercises to review strategies for equality promotion 176 5.1 Legislation and local regulations 176 Exercise 28. Action against sexual harassment 176 Exercise 29. Discriminatory effects of laws and policies: Case studies 184 5.2 Advocacy and reaching out 189 Exercise 30. Making the case for equality 189 Exercise 31. New union strategies to protect the equal rights of workers at the bottom of global supply chains: Case study 194 5.3 Company policies and collective bargaining 198 Exercise 32. Review of company equal opportunity policies 198 Exercise 33. Review of collective agreements on equality promotion 204 Exercise 34. Identifying priorities for equality bargaining 210 Exercise 35. Collective bargaining for gender equality: Role-play 213 Exercise 36. Grievance handling on harassment and discrimination 219 ii Contents 5.4 Consultation of indigenous groups and ethnic minorities 225 Exercise 37. Protection of traditional livelihoods of indigenous peoples: Case studies 225 ___________________________________________________________________________ 6. Action planning exercises 230 Exercise 38. Action planning to promote equality at work 230 Exercise 39. Developing and implementing an inclusive workplace strategy 232 ___________________________________________________________________________ 7. Exercise to conclude a training workshop 234 Exercise 40. Workshop evaluation 234 ___________________________________________________________________________ Part III. Guide to successful equality training 235 1. What makes an effective adult training? 235 2. What makes a good trainer? 237 3. What and who to train? 238 4. How to promote gender equality in training? 239 5. How to plan a training workshop? 240 6. How to organize a training workshop? 242 7. How to measure the effectiveness of training? 243 ___________________________________________________________________________ Part IV. Training aids 244 Training aid 1. Information note – Equality and non-discrimination