A/51/301
English
Page 7
"20. In labour law, the principle of equal treatment prevails, in
particular, at the stage of drawing up and executing the work contract.
When a work contract is concluded, the employee is also protected by the
fact that the joint works council is a co-decider in the matter of
recruitment. Under article 75 of the law on the establishment of joint
works councils, these bodies are required to ensure that the employees are
treated in accordance with the principles of law and equity and, in
particular, that they are not treated differently on the grounds of
ancestry, religion, nationality, origin, political affiliation, union
membership or personal opinion. If a person is discriminated against on
these grounds, the joint works council may object to the recruitment of
someone else. Regarding the election of the joint works council,
foreigners have the same rights as all employees, that is, the right to
vote and to stand for election.
"21. Regarding the termination of the employer-employee relationship, the
provisions of the law on the termination of the work contract apply equally
to foreign and German employees. Under article 1 of this law, race, colour
and nationality may not be invoked as grounds for dismissal; nor shall
these elements be considered legal criteria in taking such a decision. The
same holds true for a religious or a political affiliation. In the case of
dismissal, foreign employees are protected by the fact that the joint works
council has a say in the decision.
"22. Under the terms of the law on employment promotion, foreign employees
who have a residence and work permit in Germany are in principle legally
entitled to the same benefits as their German counterparts. The same holds
true as regards the creation of jobs, advanced training and refresher
courses.
"23. In 1993, 22,000 foreigners received additional job training. In the
western part of the country, 10 per cent of the employees holding jobs
resulting from job creation measures are foreigners."
B.
Observations by the Italian Government on the
report submitted by the Special Rapporteur in
1995 (A/50/476)
"1. As the Special Rapporteur noted in paragraph 166 of his most recent
report to the General Assembly (A/50/476), Italy has strengthened its
legislation, inter alia in relation to the dissemination of racist ideas.
Indeed, under Act No. 205 of 25 June 1993, incitement to discrimination
itself is now considered a crime, even if it does not amount to incitement
to hatred or violence. The direct effect of this new law has been a
considerable decrease in the number of acts of intolerance, discrimination
and racial violence. It has also enabled the judiciary and the police
forces to take reprisals against certain neo-Nazi organizations.
"2. The Italian Government wishes to draw the attention of the Special
Rapporteur to the concluding remarks of the Committee on the Elimination of
Racial Discrimination after its consideration of the eighth and ninth
/...