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Equal Remuneration Convention, 1951 (No. 100) - Eritrea (RATIFICATION: 2000)

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Article 1(a) of the Convention. Definition of remuneration. The Committee notes the Government’s indication that the amendments envisaged to the Labour Proclamation No. 118/2001 will broaden the definition of remuneration contained in section 3(15). Recalling that it has been raising this issue for over a decade, the Committee urges the Government to make every effort to ensure that, for the purpose of applying the principle of the Convention, the revised provision of the Labour Proclamation encompasses all components of remuneration set out in Article 1(a) of the Convention, and firmly hopes that the amendments will be adopted in the nearest future. It requests the Government to provide information on the progress made.

Articles 1(b), 2 and 3. Equal remuneration for work of equal value. Objective job evaluation. Private sector. The Committee recalls that section 41(1) of the Labour Proclamation No. 118/2001 provides for the payment to employees of “equal starting wages for the same type of work”. It notes that, despite its previous comments and explanations, the Government reiterates that it believes that the principle provided within the Labour Proclamation No.118/2001 is not narrower than “equal remuneration for men and women for work of equal value” as established by the Convention. The Government also states that: (1) the legislation provides only for minimum working conditions while collective agreements give full expression to the principle of the Convention; and (2) it takes the necessary measures, in cooperation with the social partners, to ensure that the principle of equal remuneration for work of equal value is reflected in collective agreements. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has expressed concern about the fact that the principle of equal pay for work of equal value is not being applied, especially in the private sector (CEDAW/C/ERI/CO/6, 10 March 2020, paragraph 37). Referring to its previous comments, the Committee urges once again the Government to: (i) give full legislative expression to the principle of equal remuneration between men and women for work of equal value in the Labour Proclamation or otherwise, so as to provide not only for equal remuneration for “the same type of work”, but also address situations where men and women perform different work that is nevertheless of equal value overall; (ii) provide for some method of measuring and comparing the relative value of different jobs, and provide information on the methods and criteria for objective job evaluation that are being promoted and used to compare factors such as skills, effort, responsibilities and working conditions; and (iii)provide copies of the collective agreements containing provisions expressly providing for “equal remuneration for men and women for work of equal value”, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned.

Civil service. The Committee notes the Government’s indication that, with technical support of the Eritrean Center for Organizational Excellence (ERCOE), different state-owned enterprises can be able to develop objective job evaluation by comparing factors, such as skills, effort, responsibilities and working conditions. The Committee requests the Government to provide detailed information on: (i) the methods and factors used for objective job evaluation in the civil service; (ii) the job evaluation process and the classification of positions being currently carried out under the Civil Service Proclamation, in particular indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex. It also again urges the Government to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated in the final text of the Civil Service Proclamation, and to provide a copy of the text once it is adopted.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the Labour Advisory Board has not yet been established. The Government also states that consultations with workers’ and employers’ organizations are held at regular intervals. The Committee requests the Government to provide: (i) specific information on any consultation with the social partners conducted regarding the principle of equal remuneration for men and women for work of equal value, and its outcome; and (ii) updated information on the establishment of the Labour Advisory Board.

Awareness-raising and enforcement. The Committee notes the Government’s indication that very few cases of discrimination have been reported to the Ministry of Labour under section 65(2) of the Labour Proclamation and that the Labour Relations Board has addressed certain cases in the transport and social service sectors. It is however unclear from the Government’s report whether these cases concerned the violation of the principle of equal remuneration between men and women for work of equal value. The Committee also notes the Government’s statement that the labour inspectors detected violations of the principle of the Convention in the construction sector. The Government furthermore indicates that, although some training and awareness-raising activities have been undertaken, further activities are needed. The Committee requests the Government to specify whether the cases of discrimination addressed by the Ministry of Labour and the Labour Relations Board concern unequal remuneration and, if so, to indicate their outcome. It further asks the Government to provide information on: (i) the sanctions imposed and the remedies granted in connection with the violations of the principle of equal remuneration between men and women for work of equal value detected by the labour inspectors; (ii) any relevant judicial decisions involving this principle; and (iii) any awareness-raising activities carried out.

Statistics. The Committee notes the Government’s indication that specific statistics on the position and levels of pay for men and women in the labour market are unavailable. The Committee again encourages the Government to make every effort and create the necessary conditions to collect and compile statistics, disaggregated by sex, on the distribution of men and women in the various sectors of the economy and their corresponding levels of earnings.