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Equal Remuneration Convention, 1951 (No. 100) - Senegal (RATIFICATION: 1962)

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Articles 1 to 4 of the Convention. Enforcement. Recalling the importance of the role of labour inspectors and magistrates to implement the principle of the Convention, the Committee once again asks the Government to provide information on the measures taken to ensure that awareness is raised among labour inspectors and judges of the issue of equal remuneration for men and women for work of equal value (further training, campaigns, development of practical tools, guides and guidelines, etc.) It also requests the Government to provide information on any cases of wage discrimination between men and women detected by the labour inspectors or brought to their knowledge or examined by the courts.

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Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation and collective agreements. For around 15 years, the Committee has been emphasizing that section L.105 of the Labour Code, which provides that “where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, irrespective … of gender”, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention as it does not reflect the concept of “work of equal value”. The Committee notes the Government’s statement that section L.105 of the Labour Code “targets precisely work of equal value” and that “this same requirement is contained in the collective agreements”. It also indicates that aspects linked to the concept of “work of equal value” are always settled through social dialogue and collective bargaining between employers and workers with the support of the Government and that, after its adoption by the parties, each collective agreement is the focus of an outreach, training and information campaign among the actors concerned, in order to make it more accessible. In this regard, the Committee notes that the Government refers to provisions prohibiting gender-based wage discrimination in the new national inter-occupational agreement adopted on 30 December 2019. The Committee emphasizes, however, that these provisions are not sufficient to give effect to the principle of the Convention as they do not take into account the concept of “work of equal value”. The Committee recalls that Article 2(2) of the Convention gives free choice as to how to give effect to the principle of equal remuneration for work of equal value and that wage fixing processes and collective bargaining mechanisms can go a long way to eliminating gender pay gaps and wage discrimination, and to promoting equal pay, where such processes and mechanisms are consistent with the principle of the Convention itself. However, where the issue of equal pay is regulated by legislative provisions, these must not be more restrictive than the principle of the Convention, as they constitute an obstacle to the elimination of discrimination against women in respect of remuneration. Furthermore, noting the Government’s indication that the term “work of equal value” could be interpreted in different ways, the Committee recalls that the concept of “work of equal value”, while not defined as such in the Convention, implies that men and women who hold jobs which are different in content, involve different responsibilities and require different skills or qualifications, or different degrees of effort, and which are performed under different conditions but which, as a whole, are of equal value, must be paid equally. While criteria such as working conditions, vocational qualifications and output are among the relevant factors in determining the value of jobs, when two jobs (a female-dominated job and a male-dominated job) are compared, the value does not necessarily have to be the same for each factor – rather the determining value is the overall value of the job, that is to say when all factors are considered as a whole (added together). This principle is essential for eliminating discrimination and promoting equality, as women and men most often hold different jobs, under different working conditions and often in different establishments or for different employers. In this regard, in its 2012 General Survey on the fundamental Conventions, the Committee provided as examples comparisons between the occupations of wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men). Noting that the steering committee for the Labour Code reform was set up in 2021, the Committee urges the Government to take the necessary measures without delay to give full effect in the Labour Code to the principle of equal remuneration between men and women for work of equal value by amending section L.105, which contains provisions that are more restrictive than the principle enshrined in the Convention and section L.86(7), which provides that the principle of “equal work, equal wage” must be included in collective agreements. It requests the Government to specify how it shares with the social partners the contours of the principle of equal remuneration for men and women for work of equal value and how the social partners take into account this principle in collective bargaining on wages.

Article 3. Objective job evaluation. The Committee recalls that the concept of equal value necessarily implies the adoption of a method that allows for the relative value of different jobs to be measured and compared objectively, whether at the enterprise or sector level, national level, in the framework of collective bargaining or through wage-setting mechanisms. The Government indicates that everything relating to vocational qualifications, classification and relative value of occupations at all levels, basic pay of each occupational category, conditions for career development and all other aspects associated with the equal value of work are determined in the freely chosen collective agreements of enterprises, sectors or branches between employers and workers. The Committee requests the Government to take the necessary measures to promote the use, by the social partners, of objective job evaluation methodology based on non-discriminatory criteria such as qualifications, effort, responsibility and working conditions to determine the relative value of jobs when setting wages and/or classifications. It requests the Government to carry out, in cooperation with the social partners, awareness-raising activities on the concept of “work of equal value” and the importance of using objective job evaluation systems, free from gender bias (namely under-evaluation of skills considered as “natural” for women, such as dexterity and those required in caring professions, and the over-evaluation of skills traditionally considered as “masculine”, such as physical force). It once again requests the Government to provide information on any measures taken in this regard.

Statistics. Since 2007, the Committee has been requesting the Government to provide full statistical information on the remuneration received by men and women in the various sectors and branches of activity. The Committee notes the statistical data provided by the Government on employment and wages. It notes, however, that these statistics are not disaggregated by sex and therefore do not allow for an evaluation of the extent of any wage gaps between men and women. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments. It recalls further that comparable statistics are necessary to enable an accurate assessment of changes over time (see 2012 General Survey, paragraph 891). The Committee therefore urges the Government to take the necessary steps to collect and analyse data on the remuneration of men and women in the public and private sectors, disaggregated by sex, sector of the economy, and, if possible, occupational group, and to include this information in its next report. It also asks the Government to provide any information or survey available on the gender pay gap in the country.

The Committee is raising other matters in a request addressed directly to the Government.

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Enforcement. The Committee notes the Government’s indication that labour and social security inspectors are responsible for regularly supervising compliance with the legislation in this area. Furthermore, the Government indicates that judges and labour inspectors continually fulfil their function of supervision and enforcement of the principles of equal remuneration within the context of their professional duties. The Committee observes, however, that the 2015 Annual report on labour statistics attached by the Government does not contain any tangible information to support this statement. The Committee emphasizes the importance of the role played by judges and labour inspectors in the application of the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee requests the Government to provide information on the measures taken to ensure that awareness is raised among labour inspectors and judges, and also the social partners and the general public, of the issue of equal remuneration for work of equal value (further training, campaigns, development of practical tools, guides and guidelines, etc.). Furthermore, it once again requests the Government to provide information on the inspection activities carried out in enterprises by labour inspectors with regard to equal remuneration, and on any complaint of discrimination in respect of remuneration received by the labour inspectors, and any relevant court decisions.

Statistics. Since 2007, the Committee has been requesting the Government to provide full statistical information on the remuneration received by men and women in the various sectors and branches of activity. The Committee notes that the Government reiterates its willingness to provide statistical data, but indicates that national studies on the gender wage gap on the labour market have not yet been conducted. Noting this lack of information, the Committee observes that the 2015 National employment survey in Senegal, published by the National Agency of Statistics and Demography, contains some information on the level and type of remuneration of employees, according to their socio-occupational category and sector of activity, but that these data are not disaggregated by gender. The Committee recalls that it is necessary to compile full statistical information, disaggregated by gender, to allow for an adequate evaluation of the nature, extent and causes of the gender wage gap, and of the progress made towards the application of the principles of the Convention. It wishes to emphasize the fact that an analysis of the positions and wages of men and women in all categories of employment and among and within the different sectors of economic activity is necessary to address the issue of the continuous gender wage gap. The Committee urges the Government to take the necessary steps to compile data on the remuneration of men and women in the public and private sectors, and to include this information in its next report.

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Article 1 of the Convention. Work of equal value. Legislation. Since 2007, the Committee has been emphasizing that section L.105 of the Labour Code, which provides that “where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, irrespective … of gender”, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention. In its previous comments, the Committee recalled that, in accordance with the Convention, men and women workers are entitled to equal remuneration, not only where conditions of work, vocational qualifications and output are equal, but also where these aspects are different and their work as a whole, that is, the combination of tasks performed by men and women workers is of equal value. It also noted that section L.86(7) of the Labour Code provides that collective agreements must contain “provisions concerning procedures for the application of the principle of equal pay for equal work for women and young persons”. The Committee notes that, up to now, the Government has reiterated its willingness to take the necessary measures to ensure the incorporation of the principle established by the Convention into the legislation, and indicated that a draft bill concerning non-discrimination at work, amending and supplementing certain provisions of the Labour Code, had been drawn up and was in the process of being adopted. The Committee notes, however, the Government’s indication in its report that the draft bill has still not been adopted, and that the adoption of such legislative provisions and the implementation of the concept of “equal value” might lead to implementation or practical difficulties as no classification of jobs or work of equal value yet exist. The Committee recalls that the concept of “work of equal value” is the cornerstone of the Convention and that legal provisions that do not give full effect to the principle established by the Convention impede the elimination of discrimination against women with regard to remuneration. In the absence of a clear legislative framework requiring equal remuneration for men and women for work of equal value, it is difficult for a country to demonstrate that this right is ensured in practice. The Committee also wishes to draw the Government’s attention to the fact that, while the Convention is flexible regarding the measures to be used and the timing in achieving its objective, it allows no compromise in the objective to be pursued (General Survey on the fundamental Conventions, 2012, paragraph 670). The Committee therefore once again asks the Government to take the necessary measures, without delay, to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in amending sections L.86(7) and L.105 of the Labour Code.

Article 3. Objective job evaluation. Since 2006, the Committee has been drawing the Government’s attention to the need to use objective and non discriminatory criteria, such as the required skills, effort, responsibility and working conditions, to evaluate a job and analyse the tasks involved. It also noted that a study conducted in 2009, with ILO support, found that it was necessary to establish an objective classification of jobs. The Committee notes that the Government indicates the need for the intervention of several different institutions for this purpose, each with its own priority measures to be taken, and that for this reason, measures to improve the way in which jobs are objectively evaluated have not yet been implemented. The Government also indicates in its report that it will take action in this respect, but gives no further information on the timing envisaged for this purpose, or on the measures planned to promote a job evaluation method based on objective and non-discriminatory criteria. The Committee wishes to recall that the concept of equal value necessarily implies the adoption of a method that allows for the relative value of different jobs to be measured and compared objectively, whether at the enterprise or sector level, national level, in the framework of collective bargaining or through wage-setting mechanisms. Regarding the Government’s suggestion that the ILO provide its member States with a universal job classification system to facilitate their task, the Committee draws the Government’s attention to the fact that it may avail itself of ILO technical assistance, if it so wishes. The Committee once again invites the Government to examine the measures to be taken to implement objective job evaluation methods to address the persistent gender pay gap. It encourages the Government to carry out, in cooperation with the social partners, awareness raising activities on the concept of “work of equal value” and the importance of using objective job evaluation systems, free from gender bias (namely under evaluation of skills considered as “natural” for women, such as dexterity and those required in caring professions, and the over-evaluation of skills traditionally considered as “masculine”, such as physical force), and requests the Government to provide information on any measures taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 3 of the Convention. Objective job evaluation. For a number of years the Committee has been drawing the Government’s attention to the need to use objective and non-discriminatory criteria, such as skills required, effort, responsibilities and conditions of work, for job evaluation through the examination of the tasks involved. It also previously noted that a study conducted in 2009 with ILO support concluded that it was necessary to have an objective job classification. The Committee notes the Government’s reaffirmation that steps are being taken to improve the manner in which jobs are objectively evaluated and that information will be provided in this respect. The Committee again requests the Government to supply information on the specific steps taken to encourage objective job evaluation and the revision of job classifications, for both the public and private sectors, in cooperation with the employers’ and workers’ organizations.

Enforcement. The Committee notes the Government’s statement that the issue of wage equality is taken fully into account by labour inspectors. However, the Committee observes that no evidence to support this statement is provided. The Committee again requests the Government to supply information, including any extracts from inspection reports, on the specific monitoring activities conducted in enterprises by labour inspectors with regard to pay equality and on any complaint relating to pay discrimination received by labour inspectors. The Government is also requested to indicate whether awareness-raising and training activities concerning equal remuneration are being conducted or planned for labour inspectors and judges, to enable them to detect gender wage disparities and to take the appropriate measures to eliminate them.

Statistics. The Committee notes the Government’s indication that the issue of statistics is being addressed. The Committee requests the Government once again to take the necessary steps to collect data on pay levels for men and women in the public and private sectors and hopes that it will soon be in a position to provide such information. The Committee also requests the Government to provide any data available or any estimate that would enable it to evaluate gender pay gaps in the labour market.

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Article 1 of the Convention. Legislation. For a number of years the Committee has been emphasizing that section L.105 of the Labour Code, which provides that “where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, regardless […] of sex”, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention. The Committee recalls that, in accordance with the Convention, men and women workers are entitled to equal remuneration, not only where conditions of work, vocational qualifications and output are equal, but also where these aspects are different and their work as a whole, that is, the combination of tasks performed by men and women workers is of equal value. Moreover, the Committee has noted that section L.86(7) of the Labour Code provides that collective agreements must contain “provisions concerning procedures for the application of the principle of ‘equal pay for equal work’ for women and young persons”. The Committee recalls that the principle of “equal remuneration for work of equal value” includes, but goes beyond the concept of equal remuneration for equal work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee notes that the Government reaffirms its willingness to take the necessary steps to incorporate the principle established by the Convention in the legislation. The Government indicates that a bill concerning non-discrimination at work, amending and supplementing certain provisions of the Labour Code, has been drawn up and is in the process of being adopted. The Committee asks the Government to ensure that the bill amending and supplementing the Labour Code incorporates the principle of equal remuneration for men and women for work of equal value and that sections L.86(7) and L.105 of the Labour Code are amended accordingly. The Committee asks the Government to supply information on any progress made in the legislative process and to provide a copy of the legal text once it has been adopted.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 1 of the Convention. Legislation. For a number of years the Committee has been emphasizing that section 105 of the Labour Code, which states that where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, regardless of sex, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention. According to the Convention, men and women workers are entitled to equal remuneration not only where conditions of work, vocational qualifications and output are equal but also where these aspects are different and their work as a whole, i.e. the total combination of tasks that they perform, has equal value. Moreover, the Committee notes that section L.86(7) of the Labour Code provides that collective agreements must contain provisions concerning procedures for the application of the principle of “equal pay for equal work” for women and young persons. With reference to its general observation of 2006, in which it explains the importance of the concept of “equal value”, the Committee emphasizes that “work of equal value” includes the concept of equal remuneration for equal work but goes beyond it since it also encompasses work which, though being entirely different in nature, is nevertheless of equal value. The Committee therefore asks the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated into the Labour Code and that sections L.86 and L.105 of the Labour Code are amended accordingly. The Government is also requested to supply information on any measures taken or contemplated in this regard.

Article 3. Objective job evaluation. In its previous comments the Committee drew the Government’s attention to the need to use objective and non-discriminatory criteria, such as skills required, effort, responsibilities and conditions of work, for job evaluation through the examination of the tasks involved. The Committee notes that the Government refers to a study conducted in 2009, with the support of the ILO, concluding that it is necessary to establish an objective classification of jobs. It also notes the Government’s indication that the necessary steps are being taken to promote objective job evaluation. The Committee therefore asks the Government to supply information on the specific steps taken to encourage objective job evaluation, for both the public and private sectors, in collaboration with the employer’s and workers’ organizations. The Government is also requested to indicate the action taken to follow up on the conclusions of the 2009 study referred to above.

Monitoring of application. The Committee notes that, according to the Government’s report, no violation of section 105 of the Labour Code has been recorded by the labour inspection services and no court decisions on the subject are available. The Committee asks the Government to supply information on the specific monitoring activities conducted in enterprises by labour inspectors with regard to pay equality and to indicate whether information or training activities concerning equal remuneration are being conducted or planned for labour inspectors and magistrates.

Statistical information. The Committee notes that the Government again indicates that the requested statistics are not available. The Committee asks the Government to take the necessary steps to collect data on pay levels for men and women in the public and private sectors and hopes that it will soon be in a position to supply such information.

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Trade union comments. The Committee refers to its previous comments on a communication of 26 October 2006 from the National Confederation of Senegalese Workers (CNTS) drawing attention to wage inequality between men and women caused by family-related tax benefits granted only to men. The Committee notes from the Government’s report that following the adoption in January 2008 of Act No. 2008-01 amending certain provisions of the General Tax Code, the tax advantages previously granted only to male workers are now granted to women workers as well. The Committee asks the Government to provide information on the application of this provision in practice, including information on any judicial and administrative rulings handed down in this connection. Please also provide a copy of the abovementioned Act.

Articles 1 and 2 of the Convention. With regard to section 105 of the Labour Code, which provides that where conditions of work, professional qualifications and output are equal, wages shall be equal for all workers without distinction as to sex, the Committee notes the Government’s statement that, in its opinion, the reference to the concept of output allows fair comparison of different jobs for the purpose of applying the principle of the Convention. The Committee nevertheless draws the Government’s attention to paragraph 54 of its General Survey of 1986 and points out in particular that, as experience has shown, “insistence on ‘equal conditions as regards work, skill and output’ can be taken as a pretext for paying women lower wages than men”. Consequently, the Committee stresses that the focus should be more on the “nature of the work”, which affords an objective basis for a comparison of tasks. The Committee urges the Government to take this into account in applying the principle of the Convention and asks it to send detailed information on all measures taken or envisaged to this end. It also asks the Government to provide information on any breaches of section 105 reported by the labour inspectorate, how they were resolved and any relevant judicial decisions.

Article 3. Objective job evaluation. While noting that the Government is exploring measures to improve methods for evaluating jobs objectively, the Committee draws the Government’s attention to its general observation of 2006. It points out in particular that in order to determine whether different jobs are of equal value, it is necessary to examine the tasks involved on the basis of criteria that are entirely objective and non-discriminatory, such as the skills they require, the effort, the responsibilities and the conditions of work. The Committee asks the Government to provide information on progress made in promoting objective job evaluation free from gender bias.

Statistical information. The Committee notes that, according to the Government, no statistical information is available. The Committee hopes that the Government will be in a position to provide in its next report full statistical information on the remuneration of men and women in the various sectors and branches of economic activity.

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1. Trade union comments. The Committee notes the comments made by the National Confederation of Senegalese Workers (CNTS) concerning the application of the Convention, which were forwarded by the Government in a communication dated 26 October 2006. CNTS considers that women receive lower remuneration than men for work of equal value due to family-related fiscal advantages being granted only to men. In its reply, the Government states that family status may influence the level of remuneration and that the question of equal remuneration in this context is under examination. The Committee asks the Government to provide further information on this matter and the measures taken to promote and ensure the full application of the principle of equal remuneration for men and women for work of equal value.

2. Articles 1 and 2. Equal remuneration for work of equal value. The Committee recalls that section 105 of the Labour Code provides that, in equal working conditions, professional qualifications and output, the salary shall be equal for all workers irrespective of origin, sex, age or status. The Committee stated previously that, while criteria such as a worker’s skills or output allow a comparison of the tasks performed by different persons carrying out work of the same or similar nature, they do not provide a sufficient basis for the application of the principle laid down in the Convention, particularly where men and women, in practice, carry out work which is of a different nature but nevertheless of equal value. The Committee asks the Government to indicate in its next report whether any measures have been taken to bring section 105 of the Labour Code into full conformity with the Convention. The Committee also asks the Government to provide information on the practical application of section 105 of the Labour Code, including information on any violations found by the labour inspectorate, and remedies provided, as well as relevant court decisions.

3. Article 3. Objective job evaluation. The Committee recalls that in the public service, job categories and grades are based on the level of the required diploma, and the length of the training or education received. It notes the statistical information provided by the Government concerning the distribution of men and women in the different job categories and grades, and the level of remuneration attached to them. Regarding the private sector, the Government stated in a previous report that the criteria used by the tripartite interoccupational commission to determine wages were based on the characteristics of the post and qualifications of the worker. The Committee notes that criteria such as educational attainment are unrelated to sex and may thus be used in the determination of remuneration. However, the Committee also recalls that the Convention emphasizes the work or tasks actually performed as a basis for analysing and classifying jobs with a view to determining remuneration, which presupposes the use of some method to evaluate jobs in an objective manner. Particular care must be taken to ensure that there is no gender bias in the selection and weighting of criteria, as criteria traditionally associated with “female” jobs are often undervalued. The Committee therefore asks the Government to indicate in its next report any measures taken to promote objective job evaluation on the basis of the work performed in the private and public sectors.

4. Statistical information. The Committee asks the Government to provide full statistical information on the remuneration received by men and women, in the different sectors and branches of economic activity, as soon as such data becomes available.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 2 of the Convention. Application of the principle in the public service. The Committee notes the information that the criteria used for classification within the various ranks of workers in the public service are based on level of diploma and the length of vocational training. However, it notes that the information provided does not enable the Committee to evaluate the application in practice of the principle of equal remuneration of men and women workers for work of equal value. Please provide information on the number of men and women in each level of classification and the corresponding levels of remuneration.

2. Article 2 and Part V of the report form. Application of the principle in the private sector - statistics and practical measures. The Committee reiterates its earlier reminder to the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle of equal remuneration for men and women workers for work of equal value, by means appropriate to the methods in operation for determining rates of remuneration in the country. Even where the State does not intervene in the determination of wages, it must promote the application of the principle. The Committee is therefore bound to reiterate its earlier request to the Government to provide with its next report statistical data on the distribution of men and women, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to provide information with its next report on labour inspection activities relating to the application of the principle of equal remuneration for men and women workers for work of equal value and to provide information on any measures adopted or envisaged to improve the skill levels of women and their access to decision-making positions.

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1. The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) of 23 September 2003. Noting that the issues raised relate to the application by Senegal of Convention No. 111, the Committee refers to its comments on that Convention.

2. The Committee notes the information in the Government’s brief report which does not provide any reply to the points raised in its previous direct request. The Committee must therefore repeat its previous comments which read as follows:

(a) Article 2. Application of the principle in the public service. The Committee notes the information that the criteria used for classification within the various ranks of workers in the public service are based on level of diploma and the length of vocational training. However, it notes that the information provided does not enable the Committee to evaluate the application in practice of the principle of equal remuneration of men and women workers for work of equal value. Please provide information on the number of men and women in each level of classification and the corresponding levels of remuneration.

(b) Article 2 and Part V of the report form. Application of the principle in the private sector - statistics and practical measures. The Committee reiterates its earlier reminder to the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle of equal remuneration for men and women workers for work of equal value, by means appropriate to the methods in operation for determining rates of remuneration in the country. Even where the State does not intervene in the determination of wages, it must promote the application of the principle. The Committee is therefore bound to reiterate its earlier request to the Government to provide with its next report statistical data on the distribution of men and women, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to provide information with its next report on labour inspection activities relating to the application of the principle of equal remuneration for men and women workers for work of equal value and to provide information on any measures adopted or envisaged to improve the skill levels of women and their access to decision-making positions.

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The Committee notes the comments sent by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003, which contain information concerning the application of the Convention. These comments were forwarded to the Government on 20 October 2003 and the Committee will address them at its next session, together with any response the Government may make to these comments and to the direct request made in 2002.

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The Committee notes the brief information contained in the Government’s report.

1. The Committee notes the information that the criteria used for classification within the various ranks of workers in the public service are based on level of diploma and the length of vocational training. However, it notes that the information provided does not enable the Committee to evaluate the application in practice of the principle of equal remuneration of men and women workers for work of equal value. Please provide information on the number of men and women in each level of classification and the corresponding levels of remuneration.

2. The Committee reiterates its earlier reminder to the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle of equal remuneration for men and women workers for work of equal value, by means appropriate to the methods in operation for determining rates of remuneration in the country. Even where the State does not intervene in the determination of wages, it must promote the application of the principle. The Committee is therefore bound to reiterate its earlier request to the Government to provide with its next report statistical data on the distribution of men and women, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to provide information with its next report on labour inspection activities relating to the application of the principle of equal remuneration for men and women workers for work of equal value and to provide information on any measures adopted or envisaged to improve the skill levels of women and their access to decision-making positions.

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The Committee notes the Government’s brief report.

1. The Committee notes the scales determining the wages of workers in a number of sectors, as a function of the category and type of job (employees, supervisors, technicians and similar workers, higher level managers, engineers and similar workers, etc.). It asks the Government to indicate the criteria used by the joint inter-occupational commission for the classification of workers. Noting the Decree of 19 October 1992 respecting the classification, indices and steps in the public service, it asks the Government to provide information on the criteria used for classification within the various ranks (A to E), in addition to educational levels. It once again refers the Government to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration concerning direct or indirect discrimination based on sex.

2. The Committee once again hopes to receive, as soon as they are available, statistical data on the distribution of men and women at the various wage levels, if possible by occupation, branch of activity, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to refer to its 1998 general observation on this Convention.

3. The Committee notes that the Government’s report does not reply to the matters raised in points 3 and 4 of its previous direct request, which read as follows:

3. Concerning the application in practice of the principle of equal remuneration, the Government indicates that there is no distinction or discrimination made against women in respect of remuneration, whatever the sector of activity. The Committee reminds the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle, by means appropriate to the methods in operation for determining rates of remuneration. Even where the State does not intervene in determination of wages, it must promote the application of the principle. In this connection, the Committee draws the Government’s attention to paragraphs 24 to 30 of its 1986 General Survey on equal remuneration. Noting that section 105 of the new Labour Code adopted on 1 December 1997 is the same as section 104 of the former Labour Code of 1961 and the Inter-Occupational Collective Agreement of 1982, the Committee recalls having observed in its previous direct requests that as such, the terms used did not provide a sufficient basis for the application of the principle enshrined in the Convention, particularly in cases where men and women undertake work of a different nature but of equal value. It once again asks the Government to indicate the criteria used by the joint inter-occupational commission to categorize workers. It also requests the Government to refer to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration which deal with direct and indirect discrimination based on sex.

4. The Committee notes the Government’s indication that infringements in respect of wages represent 30 to 35 per cent of the infringements reported by the labour inspectorate. It notes the Government’s indication that a large proportion of these infractions stem from employers’ insolvency and from ignorance of wage rights on the part of employees. It requests the Government to continue in its efforts to promote employers’ knowledge and effective application of labour laws. It also requests the Government to supply information on the manner in which infringements in respect of equal remuneration are remedied.

The Committee asks the Government to reply to these matters in its next report.

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The Committee notes the Government's report.

1. The Committee notes that wage scales which the Government had indicated would be attached to the report have not been sent since they are currently being updated, and requests the Government to send the information when it is ready. It also notes the Government's indication that the statistics requested as well as those promised are not available. Nevertheless, the Committee once again hopes to receive, as soon as available, statistical data on the distribution of men and women at the various wage levels, and if possible according to occupation, branch of activity, length of service and level of qualification, and in particular on the percentage of women workers employed in agricultural and allied occupations, as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also requests the Government to refer to its 1998 general observation regarding this Convention.

2. In respect of the public sector, the Committee notes that the Government has promised, for a number of years, to supply a copy of the decrees applying section 27 of the 1961 Public Service Regulations, which the Committee has been requesting since 1988. The Committee hopes that the Government will be able to supply this information in its next report.

3. Concerning the application in practice of the principle of equal remuneration, the Government indicates that there is no distinction or discrimination made against women in respect of remuneration, whatever the sector of activity. The Committee reminds the Government that under Article 2 of the Convention a State which ratifies the Convention is obliged to ensure the application in practice of the principle, by means appropriate to the methods in operation for determining rates of remuneration. Even where the State does not intervene in determination of wages, it must promote application of the principle. In this connection, the Committee draws the Government's attention to paragraphs 24 to 30 of its 1986 General Survey on equal remuneration. Noting that section 105 of the new Labour Code adopted on 1 December 1997 is the same as section 104 of the former Labour Code of 1961 and the Inter-Occupational Collective Agreement of 1982, the Committee recalls having observed, in its previous direct requests, that as such, the terms used did not provide a sufficient basis for the application of the principle enshrined in the Convention, particularly in cases where men and women undertake work of a different nature but of equal value. It once again asks the Government to indicate the criteria used by the Joint Inter-Occupational Committee to categorize workers. It also asks the Government to refer to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration which deal with direct and indirect discrimination based on sex.

4. The Committee notes the Government's indication that infringements in respect of wages represent 30 to 35 per cent of infringements reported by the labour inspectorate. It notes the Government's indication that a large proportion of these infractions stem from employers' insolvency and ignorance of wage rights on the part of employees. It requests the Government to continue in its efforts to promote employers' knowledge and effective application of labour laws. It also requests the Government to supply information on the manner in which infringements in respect of equal remuneration are remedied.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government's report, particularly the fact that it has undertaken to communicate to the Committee, as soon as they are available, the statistics on the percentage of women workers in the agricultural and allied occupations and domestic and household staff, and the distribution of men and women at the various wage levels in these two sectors, and in another sector largely occupied by women, the food industry. With regard to the public sector, the Committee notes that the Government has also promised to supply copies of the decrees implementing section 27 of the Public Service Regulations. Observing that one difficulty encountered by governments in applying this Convention arises from lack of knowledge of the actual situation due to the absence or inadequacy of data and research in this sphere, the Committee expresses the hope that the Government will be in a position to supply this information in its next report, along with the scale of wages determined by the Minister of Labour's order, mentioned as being attached to the report but which has not been received.

2. Noting that the Government has not replied to its previous comments on the application in practice of the principle of equal remuneration, the Committee would be grateful if the Government would indicate in its next report:

(a) the measures taken or contemplated to promote or ensure the effective application of the principle of equal remuneration for men and women workers for work of equal value, in accordance with Article 2 of the Convention;

(b) the percentage of offences concerning application of the principle enshrined in the Convention in regard to the wage infringements recorded along with the measures taken by the labour inspectors to remedy cases of infringement of laws and regulations on the matter; and

(c) whether an employer's insolvency has consequences for the application of the principle of equal remuneration for men and women.

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(c) whether an employer's insolvency has consequences for the application of the principle of equal remuneration for men and women.

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1. The Committee notes the Government's indication that, since there are no collective agreements governing occupations in agriculture or domestic and household staff, the Government periodically orders the adjustment of these workers' wages when the joint committees provided for in collective agreements increase wages in the other sectors. In this connection, it notes with interest that following the adoption of Decree No. 85-042 of 12 January 1985 fixing the guaranteed minimum inter-occupational and agricultural wages, the Government issued Order No. 001043 of 4 February 1986 fixing wages by occupational category for agricultural and allied workers, and Order No. 001044 of 4 February 1986 fixing different levels of minimum wages for domestic and household staff. It also notes that, according to the report, this institutional practice may not and must not be a source of discrimination in respect of equal remuneration.

So that it can ascertain that the principle of equal remuneration for work of equal value is effectively applied, the Committee would appreciate receiving statistics on the percentage of women covered by the two Orders mentioned above and the distribution of men and of women at the different wage levels, particularly in these two sectors, and in the food industry (see previous comments).

2. The Committee notes the Government's statement that the number of infringements of wage rules recorded by the Labour Inspectorate is still rising. It adds that measures will be taken to ensure protection of employees against the insolvency of their employer. The Committee asks the Government to indicate whether insolvency of the employer has given rise to problems as regards equal remuneration between men and women workers. The Committee again requests the Government to provide information on the measures taken or envisaged to remedy cases of infringement of laws and regulations on the equality of remuneration between men and women reported by the Labour Inspectorate, and on any other measure taken to ensure or promote the effective application of the principle of equal remuneration for work of equal value.

3. With regard to the public sector, the Committee notes that, according to the report, measures will be taken in the future to provide the Decrees implementing section 27 of the Public Service Regulations (Act No. 61-33 of 15 June 1961). It hopes that these Decrees which, according to the Government, were enclosed with a previous report, but which the Office has not received, will be sent with the next report. Please also provide the information requested in the previous comments on any job evaluation scheme which may be in operation in this sector.

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With reference to its previous direct requests, the Committee notes the information provided by the Government in its report.

1. The Committee notes the Government's indication that, since there are no collective agreements governing occupations in agriculture or domestic and household staff, the Government periodically orders the adjustment of these worker's wages when the joint committees provided for in collective agreements increase wages in the other sectors. In this connection, it notes with interest that following the adoption of Decree No. 85-042 of 12 January 1985 fixing the guaranteed minimum inter-occupational and agricultural wages, the Government issued Order No. 001043 of 4 February 1986 fixing wages by occupational category for agricultural and allied workers, and Order No. 001044 of 4 February 1986 fixing different levels of minimum wages for domestic and household staff. It also notes that, according to the report, this institutional practice may not and must not be a source of discrimination in respect of equal remuneration.

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The Committee notes the information supplied by the Government in its report in reply to its previous direct requests, as well as the attached documents.

1. The Committee notes the Government's statement that women workers are generally employed in the food industry and in branches of agriculture, and as household staff. The Committee would be grateful if the Government would supply information on the effect given to Ministerial Order No. 974 MFPTDE-DTSS of 23 January 1968 to determine the general terms and conditions of employment of domestic servants and household staff, so that it can ensure that the principle of equal remuneration for work of equal value is applied. It also requests the Government to supply information in its next report on the distribution of men and women employed at different levels, in sectors in which a large number of women are concentrated, and in particular in the food industry.

2. The Committee notes that in branches of the economy which are not covered by a collective agreement, wages are fixed by order of the Minister of Labour. It requests the Government to supply copies of the ministerial orders that have been adopted concerning economic branches which are not covered by a collective agreement (for example, in respect of domestic servants and the agricultural professions).

3. The Committee notes that the violations of wage regulations reported by regional labour inspections are increasing and would be grateful if the Government would supply information on the measures taken to remedy cases in which these rules are not applied, as well as any other measures which have been taken or are envisaged to ensure or promote the effective application of the principle set out in the Convention.

4. With regard to the public sector, the Committee notes that the report does not give details on the remuneration scheme fixed by Act No. 61-33 of 15 June 1961 and once again requests the Government to forward any decrees which may have been issued under section 27 of this Act to determine remuneration and benefits, as well as to regulate any supplementary emoluments (the texts issued under Act No. 61-33 were referred to as being attached to the report, but have not been received). Please also specify whether a job classification system is currently in operation.

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1. As concerns the private sector, the Committee noted in its previous comments that section 104 of the Labour Code provides that for equal conditions of work, occupational qualification and output, wages shall be equal for all workers. It noted that the same provisions are contained in the inter-occupational collective agreement. The Committee referred to paragraphs 19 to 21 and 44 to 65 of its 1986 General Survey on Equal Remuneration, pointing out that provisions of this kind can be taken to allow wage discrimination on the basis of sex, depending on how they are applied in practice.

The Government has sent with its report, a copy of the above-mentioned collective agreement which, in section 36, provides that "the wages of each worker are determined on the basis of the job which he occupies". The collective agreement goes on to provide, in section 39, for a system of occupational categories, for which wages are determined by a Joint Inter-occupational Wages Committee. This appears to correspond to a job-evaluation system for fixing wages.

The Committee therefore requests the Government to provide with its next report a copy of the wages scale presently applicable, together with an indication of any categories in which there is a high proportion of women workers. Please also indicate what criteria are used in fixing the various categories.

2. Please indicate whether any other collective agreements than the inter-occupational collective agreement are now in force; and whether any sectors of the economy are not covered by a collective agreement. In any such cases, please indicate how rates of remuneration are established.

3. The Committee notes from the report that the labour inspectors ensure that the established wages are paid, and that they rarely note infractions of equality of remuneration. Please provide information in future reports on any developments in this connection.

4. As concerns the public sector, the Committee had noted previously that remuneration is fixed on the basis of the status of each grade, in accordance with Act No. 61-33 of 15 June 1961, and that no distinction is made between the sexes in assigning this status. It again requests the Government to forward any decrees which may have been issued, in accordance with section 27 of the Act, to issue regulations fixing remuneration and benefits, and regulating supplementary wage benefits. Please indicate also any job-evaluation scheme which may be in operation.