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PepsciCo Poland case reported to the International Labour Conference

The complaint submitted by Solidarność and the IUF against the government of Poland for its failure to protect workers from sexual harassment was reflected in the report on Application of International Labour Standards at the International Labour Conference in June.

In February 2006, Solidarność and IUF jointly submitted a complaint to the ILO regarding "the insufficient enforcement by the Government of Poland of Convention 111, Discrimination in Employment and Occupation" in relation to the serious sexual harassment case at the Frito Lay plant in Grodzisk Mazowieck. The complaint stressed the failure to implement national legislation based on C 111 and consequently the failure to protect workers from sexual harassment.

In its observations to this case, the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) notes that "sexual harassment is a particularly severe form of discrimination based on sex that has serious implications for the victims and the workplace as a whole". The CEACR highlights the fact "that Solidarność and the IUF suggest a number of measures that could be taken to draw up an effective national policy on sexual harassment, and (…) requests the Government to seek the cooperation of employers' and workers' organizations and other appropriate bodies to promote the acceptance of the national equality policy".

The measures proposed by Solidarność and the IUF are the following:
 simplified and expedited procedures applicable to sexual harassment (the Frito Lay case has been going on for over two years in various courts and is still not concluded)
 special measures for immediate protection of victims from further harm
 tripartite initiative to draw up a national policy to prevent and address sexual harassment in private and public undertakings
 labour inspection to play a key role in monitoring the implementation of the national policy

According to the CEACR the labour inspectors could play a much more active role by providing counseling services and by raising awareness among employees about their rights and possibilities to file complaints (so far only two out of 55 discrimination complaints received by the labour inspection concerned sexual harassment).

Finally, the CEACR requests the government to keep providing information about the practical application and enforcement of legal provisions concerning sexual harassment; and to indicate which steps have been taken to ensure that victims have access to adequate protection.