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system of indexation and regular adjustment of the minimum wage to, inter alia, the
cost of living.
17. The Committee is concerned about the concentration of women in the low-wage and
unskilled labour sectors, the unemployment gap between women and men which reflects the
disadvantageous situation of women on the labour market, the persisting wage differentials
between women and men and the absence of a law requiring equal pay for work of equal
value (art. 7).
The Committee recommends that efforts be made to eliminate occupational
segregation in employment and the unemployment gap and wage differentials between
women and men, including through the use of temporary special measures. It further
recommends amending section 20 of the Employment Rights Act of 2008 with a view
to ensuring equal pay for work of equal value.
18. The Committee is concerned at the persistence of sexual harassment in the workplace.
While noting that section 38 of the Employment Rights Act of 2008 protects any worker
who exercises any of the rights provided for in the Act against termination of employment,
the Committee is concerned that many cases of sexual harassment go unreported because
women are afraid of losing their jobs (art. 7).
The Committee recommends that the State party evaluate the effectiveness of the legal
framework in place to combat sexual harassment in the workplace and provide a safe
environment for women to report cases. It further recommends that the State party
take the necessary steps to ensure that women are aware of their rights provided for in
the Employment Rights Act.
19. The Committee is concerned that migrant workers face difficult living and working
conditions, and are afforded little legal protection. It is further concerned at the vulnerability
of migrant workers to violations of trade union rights, and that migrant workers who
exercise their right to strike may be deported from the State party on the grounds of “breach
of contract” (arts. 7 and 8).
The Committee recommends that the State party adopt a comprehensive legal
framework for the protection of the rights of migrant workers, ensuring that the
conditions of employment of all migrant workers are not less favourable than those
granted to a local worker. The Committee also recommends that the State party take
the necessary measures to guarantee that migrant workers may fully exercise their
trade union rights both in law and in practice, and that they are protected from
measures such as deportation for exercising these rights. It further recommends that
the State party ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families and ILO Convention No. 143
(1975) concerning Migrations in Abusive Conditions and the Promotion of Equality of
Opportunity and Treatment of Migrant Workers.
20. The Committee is concerned that, according to regulation 3 of the Social Aid
Regulations of 1984, non-nationals are not entitled to social aid that is paid to poor
households who do not have sufficient resources to meet their basic needs (art. 9).
The Committee recommends that the State party amend regulation 3 of the Social Aid
Regulations of 1984 in order to ensure that non-national individuals and families who
do not have sufficient resources to meet their basic needs are entitled to social aid.
The Committee encourages the State party to consider including in its welfare system
a guaranteed minimum income that promotes a human rights-based approach and
brings together already existing benefits to combat poverty among disadvantaged and
marginalized individuals and groups, such as the social assistance scheme and income
support scheme.
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