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Equal Remuneration Convention, 1951 (No. 100) - Comoros (RATIFICATION: 1978)

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CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. Principle of equal remuneration for work of equal value in the private sector. The Committee noted that section 104 of the Labour Code provided for equal remuneration for work of equal value and requested the Government to take steps to raise awareness of these provisions of the Labour Code. The Committee notes that the report of the Government does not contain information in this regard. It therefore once again requests the Government to take steps to raise awareness of the provisions of the Labour Code stipulating equal remuneration for the same work or for work of equal value (section 104) and to arrange for training to raise awareness of this principle among workers, employers and their organizations and also among labour inspectors, judges and other officials responsible for enforcement of the provisions of the Labour Code.
Application of the principle in the public service. The Committee notes that the Government does not provide information on the application of the Convention in the public service. The Committee therefore once again requests the Government to indicate the pay scale applicable to the public service and to provide a copy of the decree establishing the system of remuneration for public officials provided for in section 14 of the Public Service Regulations. It also requests the Government to provide information on the manner in which the pay scale was established, stating whether it is based on objective criteria, such as responsibilities, effort and working conditions, which do not favour occupations held predominantly by men or predominantly by women.
Collective agreements. The Committee requested information on the application in practice of section 92(7) of the Labour Code, according to which collective agreements that may be extended must include provisions on the manner in which the principle of the Convention is to be applied. The Committee notes that the Government does not provide information in this regard. It therefore once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, as well as the clauses on the manner in which the principle is to be applied. It also requests the Government to provide extracts from collective agreements relating to remuneration.
Minimum wage. The Committee notes the Government’s indication that no decree fixing the guaranteed inter-occupational minimum wage (SMIG) has been adopted. The Committee recalls that the fixing of a national minimum wage is an important means of application of the Convention, given that women are predominant in low-paid jobs. The Committee therefore once again requests the Government to provide information on any developments relating to the fixing of the guaranteed inter-occupational minimum wage (SMIG). The Committee also refers to its comments on this point concerning the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).
Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that it plans to conduct, through the Office of the Commissioner General for Planning (CGP) and the Ministry of Labour, surveys on jobs held by men and those held by women. The Committee requests the Government: (i) to provide information on the conduct and outcome of these surveys; (ii) to take the necessary measures to collect and compile data disaggregated by sex on the labour market participation of men and women and their respective earnings, by sector of economic activity and occupation; and (iii) to provide this data.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. Principle of equal remuneration for work of equal value in the private sector. The Committee noted that section 104 of the Labour Code provided for equal remuneration for work of equal value and requested the Government to take steps to raise awareness of these provisions of the Labour Code. The Committee notes that the report of the Government does not contain information in this regard.It therefore once again requests the Government to take steps to raise awareness of the provisions of the Labour Code stipulating equal remuneration for the same work or for work of equal value (section 104) and to arrange for training to raise awareness of this principle among workers, employers and their organizations and also among labour inspectors, judges and other officials responsible for enforcement of the provisions of the Labour Code.
Application of the principle in the public service. The Committee notes that the Government does not provide information on the application of the Convention in the public service.The Committee therefore once again requests the Government to indicate the pay scale applicable to the public service and to provide a copy of the decree establishing the system of remuneration for public officials provided for in section 14 of the Public Service Regulations. It also requests the Government to provide information on the manner in which the pay scale was established, stating whether it is based on objective criteria, such as responsibilities, effort and working conditions, which do not favour occupations held predominantly by men or predominantly by women.
Collective agreements.  The Committee requested information on the application in practice of section 92(7) of the Labour Code, according to which collective agreements that may be extended must include provisions on the manner in which the principle of the Convention is to be applied. The Committee notes that the Government does not provide information in this regard.It therefore once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, as well as the clauses on the manner in which the principle is to be applied. It also requests the Government to provide extracts from collective agreements relating to remuneration.
Minimum wage. The Committee notes the Government’s indication that no decree fixing the guaranteed inter-occupational minimum wage (SMIG) has been adopted. The Committee recalls that the fixing of a national minimum wage is an important means of application of the Convention, given that women are predominant in low-paid jobs.The Committee therefore once again requests the Government to provide information on any developments relating to the fixing of the guaranteed inter-occupational minimum wage (SMIG). The Committee also refers to its comments on this point concerning the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).
Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that it plans to conduct, through the Office of the Commissioner General for Planning (CGP) and the Ministry of Labour, surveys on jobs held by men and those held by women.The Committee requests the Government: (i) to provide information on the conduct and outcome of these surveys; (ii) to take the necessary measures to collect and compile data disaggregated by sex on the labour market participation of men and women and their respective earnings, by sector of economic activity and occupation; and (iii)to provide this data.

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Article 1 of the Convention. Principle of equal remuneration for work of equal value in the private sector. The Committee noted that section 104 of the Labour Code provided for equal remuneration for work of equal value and requested the Government to take steps to raise awareness of these provisions of the Labour Code. The Committee notes that the report of the Government does not contain information in this regard. It therefore once again requests the Government to take steps to raise awareness of the provisions of the Labour Code stipulating equal remuneration for the same work or for work of equal value (section 104) and to arrange for training to raise awareness of this principle among workers, employers and their organizations and also among labour inspectors, judges and other officials responsible for enforcement of the provisions of the Labour Code.
Application of the principle in the public service. The Committee notes that the Government does not provide information on the application of the Convention in the public service. The Committee therefore once again requests the Government to indicate the pay scale applicable to the public service and to provide a copy of the decree establishing the system of remuneration for public officials provided for in section 14 of the Public Service Regulations. It also requests the Government to provide information on the manner in which the pay scale was established, stating whether it is based on objective criteria, such as responsibilities, effort and working conditions, which do not favour occupations held predominantly by men or predominantly by women.
Collective agreements.  The Committee requested information on the application in practice of section 92(7) of the Labour Code, according to which collective agreements that may be extended must include provisions on the manner in which the principle of the Convention is to be applied. The Committee notes that the Government does not provide information in this regard. It therefore once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, as well as the clauses on the manner in which the principle is to be applied. It also requests the Government to provide extracts from collective agreements relating to remuneration.
Minimum wage. The Committee notes the Government’s indication that no decree fixing the guaranteed inter-occupational minimum wage (SMIG) has been adopted. The Committee recalls that the fixing of a national minimum wage is an important means of application of the Convention, given that women are predominant in low-paid jobs. The Committee therefore once again requests the Government to provide information on any developments relating to the fixing of the guaranteed inter-occupational minimum wage (SMIG). The Committee also refers to its comments on this point concerning the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).
Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that it plans to conduct, through the Office of the Commissioner General for Planning (CGP) and the Ministry of Labour, surveys on jobs held by men and those held by women. The Committee requests the Government: (i) to provide information on the conduct and outcome of these surveys; (ii) to take the necessary measures to collect and compile data disaggregated by sex on the labour market participation of men and women and their respective earnings, by sector of economic activity and occupation; and (iii)to provide this data.

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The Committee notes the observations made by the Workers’ Confederation of Comoros (CTC), received on 1 August 2017 and forwarded to the Government on 6 September 2017.
Article 1 of the Convention. Principle of equal remuneration for work of equal value in the private sector. The Committee notes that the CTC reaffirms that there is no pay scale in the private sector. The Committee recalls that to apply the Convention it is necessary to examine the issue of equality at two levels: first, at the level of the job (is the work of equal value?); and, second, at the level of the remuneration (is the pay received by women and men equal?). The Committee also recalls that section 104 of the Labour Code explicitly provides for equal remuneration for the same work or work of equal value. The concept of “work of equal value” is fundamental for enabling a broad scope of comparison between different jobs or types of work. It also enables a comparison not only of the same or similar work but also of work done by women and men which is of an entirely different nature but nevertheless of equal value as is often the case. This allows to take account of the fact that, in practice, certain jobs and occupations are held predominantly by women and others by men. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize without gender bias the value of work performed by women and men. For example, the principle of equal pay for men and women for work of equal value has been applied in some countries to compare the remuneration received by men and women engaged in different occupations, such as 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). The concept of “equal value” implies the adoption of a method making it possible to measure and compare the relative value of the different jobs considered. While the Convention does not prescribe any specific method for such an examination, Article 3 does presuppose the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee once again requests the Government to take steps to raise awareness of the provisions of the Labour Code stipulating equal remuneration for the same work or for work of equal value (section 104) and to arrange for training to raise awareness of this principle among workers, employers and their organizations and also among labour inspectors, judges and other officials responsible for enforcement of the provisions of the Labour Code.
Application of the principle in the public service. The Committee notes the CTC’s indication that there is discrimination in the public service in that two different pay scales are applied in the same administration: an old scale dating from the 1960s and a new scale which has been in force since April 2009. The CTC points out that the new scale supersedes the old one but that both scales are applied, thereby creating inequalities in terms of pay. The union also claims that young agents are recruited as contractual staff paid at a flat rate which does not correspond to any pay scale and that they are the victims of discriminatory treatment since they perform the same tasks as regular staff. The Committee wishes to recall that the Convention is only concerned with the elimination of gender pay gaps. The application of a pay scale in which occupations predominantly held by women (such as secretary) have been undervalued by comparison with occupations predominantly held by men (such as driver) may have a discriminatory effect and give rise to pay disparities for men and women for work of equal value, even if the pay scale is applicable to all officials regardless of sex. It is therefore important that the applicable pay scale has been established on the basis of objective criteria such as skill, responsibility, effort and working conditions, which contain no gender bias with regard to occupations in which either men or women predominate. The Committee also recalls that it is important to ensure that both men and women have equal access in practice to additional emoluments, such as allowances or benefits. While it is aware of the persistent problem of the late payment of wages and wage arrears of public employees emphasized in its last observation on the Protection of Wages Convention, 1949 (No. 95), the Committee requests the Government to indicate the pay scale applicable to the public service and to provide information on the manner in which it has been established, including the method and criteria used. The Committee also requests the Government to indicate the steps taken to ensure that jobs mainly held by women have not been undervalued and to provide a copy of the decree establishing the system of remuneration for public officials, including the applicable salary scale, as provided for in section 14 of the Public Service Regulations.
Collective agreements. The Committee recalls that section 92(7) of the Labour Code provides that “collective agreements [which may be extended] shall include provisions on the modalities of the application of the principle of equal remuneration for men and women for work of equal value”. Noting that the Government’s report still does not contain any information on collective agreements, the Committee once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, and the modalities of its application, and to provide extracts of relevant collective agreements.
Minimum wage. The Committee notes the Government’s indication that the draft decree concerning the guaranteed inter-occupational minimum wage (SMIG) has still not been adopted. The Committee recalls once again that a uniform national minimum wage system helps to raise the earnings of the lowest-paid workers and therefore has an impact on reducing the gender pay gap, since women usually predominate in low-wage employment. The Committee once again expresses the hope that the Government will soon be in a position to report on the adoption of the decree on the SMIG, and requests the Government to provide information on the role of the Labour and Employment Advisory Council (CCTE) and employers’ and workers’ organizations in this regard.
Statistics. Evaluation of the pay gap. The Committee once again encourages the Government to take the necessary steps for the compilation of data on the number of men and women in the various employment categories and their respective earnings in the public and private sectors, and requests it to provide these data when they are available.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee recalls that, the Workers Confederation of Comoros (CTC) emphasized that, the principle set out in the Convention was not respected in the private and semi public sectors, as there was no wage scale or indicator to which employers could refer. The Committee notes that the Government confines itself to indicating in its report that, even in the absence of a guaranteed interoccupational minimum wage (SMIG), the principle of equal remuneration for men and women for work of equal value is respected by employers. Recalling that the 2012 Labour Code incorporates the principle of equal remuneration for work of equal value (section 104), the Committee asks the Government to take measures to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for enforcing the provisions of the Labour Code.
Collective agreements. The Committee recalls that section 92(7) of the Labour Code provides that “collective agreements [which may be extended] shall include provisions on the modalities of the application of the principle of equal remuneration for men and women for work of equal value”. In the absence of information in this respect, the Committee once again asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, and the modalities of its application, and to provide extracts of relevant collective agreements.
Application of the principle in the public service. The Committee recalls that “persons appointed to a permanent position in the public administration” are excluded from the scope of the Labour Code (section 1) and hence from the provisions of section 104, which provides for equal remuneration for work of equal value. The Committee notes that Act No. 04-006 of 10 November 2004 establishing the general conditions of service of public servants contains no provisions on equal remuneration for men and women for work of equal value. The Committee notes that, according to the Government, wage equality is enforced in the public sector through the existence of a wage scale based on qualifications, without distinction on grounds of gender, and the benefits are related to seniority and positions of responsibility. The Committee recalls that, despite the existence of wage scales that apply to all public servants, without distinction on grounds of gender, wage discrimination may result from criteria used to classify positions and the undervaluation of work carried out mainly by women, or from inequalities in the payment of certain wage supplements (allowances, benefits etc.). The Committee also notes that, according to the most recent data available (2005), women only represented 30 per cent of employees in the public service, the majority of whom were in category C, with only 21 per cent in category A. While it is aware of the persistent problem of the late payment of wages and wage arrears of public employees emphasized in its last observation on the Protection of Wages Convention, 1949 (No. 95), the Committee asks the Government to indicate the measures taken to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. Please also provide a copy of the Decree establishing the public service pay system, and the applicable wage scale provided for in section 14 of the general conditions of service of public servants.
Minimum wage. The Committee notes the Government’s indication that the draft Decree on the SMIG is due to be examined by the Labour and Employment Advisory Council (CCTE). The Committee wishes to recall that often women predominate in low-wage employment and that a uniform national minimum wage system helps to raise the earnings of the lowest-paid workers. This system therefore has an impact on the relationship between the wages of men and women, and on reducing the gender pay gap. The Committee hopes that the Government will soon be in a position to report the adoption of the Decree on the SMIG, and asks the Government to provide information on the role of the CCTE and employers’ and workers’ organizations in this regard. Please also provide a copy of the Decree once it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied.
Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that data on the positions and remuneration of public employees, disaggregated by gender, are not yet available and that a new data management system is currently being established. The Committee once again encourages the Government to take the necessary steps for the compilation of such data so as to allow an analysis of the positions and remuneration of men and women in the public service, including any other benefits, with a view to determining whether there are pay gaps and, if so, to take the necessary measures to eliminate them. Please also provide data on the number of men and women in the various employment categories and their respective earnings.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee recalls that, the Workers Confederation of Comoros (CTC) emphasized that, the principle set out in the Convention was not respected in the private and semi public sectors, as there was no wage scale or indicator to which employers could refer. The Committee notes that the Government confines itself to indicating in its report that, even in the absence of a guaranteed interoccupational minimum wage (SMIG), the principle of equal remuneration for men and women for work of equal value is respected by employers. Recalling that the 2012 Labour Code incorporates the principle of equal remuneration for work of equal value (section 104), the Committee asks the Government to take measures to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for enforcing the provisions of the Labour Code.
Collective agreements. The Committee recalls that section 92(7) of the Labour Code provides that “collective agreements [which may be extended] shall include provisions on the modalities of the application of the principle of equal remuneration for men and women for work of equal value”. In the absence of information in this respect, the Committee once again asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, and the modalities of its application, and to provide extracts of relevant collective agreements.
Application of the principle in the public service. The Committee recalls that “persons appointed to a permanent position in the public administration” are excluded from the scope of the Labour Code (section 1) and hence from the provisions of section 104, which provides for equal remuneration for work of equal value. The Committee notes that Act No. 04-006 of 10 November 2004 establishing the general conditions of service of public servants contains no provisions on equal remuneration for men and women for work of equal value. The Committee notes that, according to the Government, wage equality is enforced in the public sector through the existence of a wage scale based on qualifications, without distinction on grounds of gender, and the benefits are related to seniority and positions of responsibility. The Committee recalls that, despite the existence of wage scales that apply to all public servants, without distinction on grounds of gender, wage discrimination may result from criteria used to classify positions and the undervaluation of work carried out mainly by women, or from inequalities in the payment of certain wage supplements (allowances, benefits etc.). The Committee also notes that, according to the most recent data available (2005), women only represented 30 per cent of employees in the public service, the majority of whom were in category C, with only 21 per cent in category A. While it is aware of the persistent problem of the late payment of wages and wage arrears of public employees emphasized in its 2011 observation on the Protection of Wages Convention, 1949 (No. 95), the Committee asks the Government to indicate the measures taken to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. Please also provide a copy of the Decree establishing the public service pay system, and the applicable wage scale provided for in section 14 of the general conditions of service of public servants.
Minimum wage. The Committee notes the Government’s indication that the draft Decree on the SMIG is due to be examined by the Labour and Employment Advisory Council (CCTE). The Committee wishes to recall that often women predominate in low-wage employment and that a uniform national minimum wage system helps to raise the earnings of the lowest-paid workers. This system therefore has an impact on the relationship between the wages of men and women, and on reducing the gender pay gap. The Committee hopes that the Government will soon be in a position to report the adoption of the Decree on the SMIG, and asks the Government to provide information on the role of the CCTE and employers’ and workers’ organizations in this regard. Please also provide a copy of the Decree once it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied.
Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that data on the positions and remuneration of public employees, disaggregated by gender, are not yet available and that a new data management system is currently being established. The Committee once again encourages the Government to take the necessary steps for the compilation of such data so as to allow an analysis of the positions and remuneration of men and women in the public service, including any other benefits, with a view to determining whether there are pay gaps and, if so, to take the necessary measures to eliminate them. Please also provide data on the number of men and women in the various employment categories and their respective earnings.

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Article 1 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee recalls that, the Workers Confederation of Comoros (CTC) emphasized that, the principle set out in the Convention was not respected in the private and semi public sectors, as there was no wage scale or indicator to which employers could refer. The Committee notes that the Government confines itself to indicating in its report that, even in the absence of a guaranteed interoccupational minimum wage (SMIG), the principle of equal remuneration for men and women for work of equal value is respected by employers. Recalling that the 2012 Labour Code incorporates the principle of equal remuneration for work of equal value (section 104), the Committee asks the Government to take measures to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for enforcing the provisions of the Labour Code.
Collective agreements. The Committee recalls that section 92(7) of the Labour Code provides that “collective agreements [which may be extended] shall include provisions on the modalities of the application of the principle of equal remuneration for men and women for work of equal value”. In the absence of information in this respect, the Committee once again asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, and the modalities of its application, and to provide extracts of relevant collective agreements.
Application of the principle in the public service. The Committee recalls that “persons appointed to a permanent position in the public administration” are excluded from the scope of the Labour Code (section 1) and hence from the provisions of section 104, which provides for equal remuneration for work of equal value. The Committee notes that Act No. 04-006 of 10 November 2004 establishing the general conditions of service of public servants contains no provisions on equal remuneration for men and women for work of equal value. The Committee notes that, according to the Government, wage equality is enforced in the public sector through the existence of a wage scale based on qualifications, without distinction on grounds of gender, and the benefits are related to seniority and positions of responsibility. The Committee recalls that, despite the existence of wage scales that apply to all public servants, without distinction on grounds of gender, wage discrimination may result from criteria used to classify positions and the undervaluation of work carried out mainly by women, or from inequalities in the payment of certain wage supplements (allowances, benefits etc.). The Committee also notes that, according to the most recent data available (2005), women only represented 30 per cent of employees in the public service, the majority of whom were in category C, with only 21 per cent in category A. While it is aware of the persistent problem of the late payment of wages and wage arrears of public employees emphasized in its 2011 observation on the Protection of Wages Convention, 1949 (No. 95), the Committee asks the Government to indicate the measures taken to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. Please also provide a copy of the Decree establishing the public service pay system, and the applicable wage scale provided for in section 14 of the general conditions of service of public servants.
Minimum wage. The Committee notes the Government’s indication that the draft Decree on the SMIG is due to be examined by the Labour and Employment Advisory Council (CCTE). The Committee wishes to recall that often women predominate in low-wage employment and that a uniform national minimum wage system helps to raise the earnings of the lowest-paid workers. This system therefore has an impact on the relationship between the wages of men and women, and on reducing the gender pay gap. The Committee hopes that the Government will soon be in a position to report the adoption of the Decree on the SMIG, and asks the Government to provide information on the role of the CCTE and employers’ and workers’ organizations in this regard. Please also provide a copy of the Decree once it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied.
Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that data on the positions and remuneration of public employees, disaggregated by gender, are not yet available and that a new data management system is currently being established. The Committee once again encourages the Government to take the necessary steps for the compilation of such data so as to allow an analysis of the positions and remuneration of men and women in the public service, including any other benefits, with a view to determining whether there are pay gaps and, if so, to take the necessary measures to eliminate them. Please also provide data on the number of men and women in the various employment categories and their respective earnings.

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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:
Repetition
In its previous comments, the Committee took note of observations from the Confederation of Workers of Comoros (CTC) received on 1 September 2011, in which the organization reported that the principle of equal remuneration between women and men in the private and parastatal sectors is far from being respected because there is no wage scale or indicator to which employers might refer. It noted that, according to the CTC, the Convention is applied only in the public sector. The CTC also pointed out that the draft Decree on the guaranteed interoccupational minimum wage (SMIG), in the process of being adopted for six years, had still not been passed and that, given the social and economic situation in the country, it was no longer valid and needed to be updated. The Committee invited the Government to send comments in reply to the CTC’s observations. The Committee notes that the Government’s report has not been received, but that a new Labour Code was adopted on 28 June 2012.
Equal remuneration for work of equal value. Workers excluded from the scope of the Labour Code. The Committee notes that, according to section 1 of the Labour Code, “persons appointed to a permanent post in a government department” are excluded from the scope of the Code and hence from the benefit of section 104, which provides for equal remuneration for work of equal value. Recalling that the Convention applies to all workers, the Committee asks the Government to indicate how it is ensured that the principle of equal remuneration for men and women for work of equal value established in the Convention is applied to workers who are excluded from the scope of the new Labour Code.
Application of the principle of equal remuneration for men and women for work of equal value. Legislation. Referring to its observation, the Committee notes that, unlike section 92(7) of the Labour Code, section 104, which lays down the principle of equal remuneration for work of equal value, lacks an express reference to the remuneration of men and women and so does not establish clearly what needs to be compared, that is, jobs done mainly by men with jobs done mainly by women. The Committee asks the Government to explain how section 104 of the Labour Code is applied in such a way as to implement the principle of equal remuneration for men and women for work of equal value and what comparisons are foreseen. Please provide information on any measures taken in this regard.
Objective job evaluation. In order to facilitate application of the principle of equal remuneration between men and women for work of equal value and to ascertain whether or not jobs done traditionally by women are undervalued in comparison with jobs done traditionally by men, the Committee asks the Government to indicate whether objective job evaluation is undertaken or envisaged in the public and private sectors and, if so, to specify the method and the evaluation criteria.
Minimum wage. In its previous comments, the Committee noted that the draft Decree on the SMIG had still not been adopted and that, according to the Comoros Employers’ Organization (OPACO), the body that concluded the agreement on the minimum wage, namely the Higher Council for Labour and Employment (CSTE), had not been convened and was therefore unable to relaunch the process to adopt the Decree. The Committee asks the Government to report on the status of the process to adopt the Decree on the SMIG, specifying the role of the CSTE. Please also provide a copy of the Decree as soon as it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied as established.
Public sector. In its previous comments, the Committee noted that the statistical information provided by the Government on the numbers of men and women working in public service categories A, B and C in the General Treasury Department, did not allow an assessment of how far the Convention is applied in the public sector. It also noted that, according to OPACO, there are no statistics on pay for men and women in the public sector or on the distribution of men and women in the various categories of public sector jobs and posts. The Committee took note of the Government’s reply referring OPACO to its report. The Committee again encourages the Government to take the necessary steps to have such data compiled so as to allow an analysis of the posts and remuneration of men and women in the public sector, including any other benefits, with a view to determining whether there are remuneration gaps and, if so, taking the necessary steps to eliminate them.

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The Committee notes the observations of the Confederation of Workers of Comoros (CTC) of 27 August 2013 reiterating its observations of 2011 regarding the absence of a minimum wage and wage scale for employers to determine the wages of their employees. The Committee asks the Government to provide its comments on the points raised by the CTC.
The Committee further notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
In its previous comments the Committee took note of observations of the Men and Women Workers Confederation of Comoros (CTC) received on 1 September 2011, in which the organization reported that the principle of equal remuneration between women and men in the private and parastatal sectors is not being respected because there is no wage scale or indicator to which employers might refer. The Committee invited the Government to send its comments on the matter. The Committee notes that the Government’s report has not been received but that a new Labour Code was adopted on 28 June 2012.
Equal remuneration for work of equal value. Legislation. In its earlier comments the Committee noted that section 97 of the Labour Code providing for equal wages regardless of the worker’s origin, sex, age or status “under equal working conditions, professional qualifications and output” did not give full effect to the Convention. The Committee notes that according to section 104 of the new Labour Code “all employers shall provide equal remuneration for the same work or for work of equal value”. It further notes that this provision contains a definition of “remuneration” that reflects that of Article 1(a) of the Convention. The Committee asks the Government to provide information on the application of section 104 of the Labour Code in practice. It encourages the Government to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness among workers and employers and their organizations, labour inspectors, judges and others involved in enforcing the Labour Code concerning the principle of equal remuneration for work of equal value.
Collective agreements. The Committee notes that section 92(7) of the new Labour Code provides that “collective agreements [which may be extended] must include provisions on the ways and means of applying the principle of equal remuneration for men and women for work of equal value”. The Committee asks the Government to provide information on the effect given in practice to section 92(7) of the new Labour Code. It also asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value and the ways and means of applying it, and to provide extracts of relevant collective agreements.
The Committee is raising other points in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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In its previous comments the Committee took note of observations from the Confederation of Workers of Comoros (CTC) received on 1 September 2011, in which the organization reported that the principle of equal remuneration between women and men in the private and parastatal sectors is far from being respected because there is no wage scale or indicator to which employers might refer. It noted that, according to the CTC, the Convention is applied only in the public sector. The CTC also pointed out that the draft Decree on the guaranteed interoccupational minimum wage (SMIG), in the process of being adopted for six years, had still not been passed and that given the social and economic situation in the country, it was no longer valid and needed to be updated. The Committee invited the Government to send comments in reply to the CTC’s observations. The Committee notes that the Government’s report has not been received, but that a new Labour Code was adopted on 28 June 2012.
Equal remuneration for work of equal value. Workers excluded from the scope of the Labour Code The Committee notes that according to section 1 of the Labour Code “persons appointed to a permanent post in a government department” are excluded from the scope of the Code and hence from the benefit of section 104, which provides for equal remuneration for work of equal value. Recalling that the Convention applies to all workers, the Committee asks the Government to indicate how it is ensured that the principle of equal remuneration for men and women for work of equal value established in the Convention is applied to workers who are excluded from the scope of the new Labour Code.
Application of the principle of equal remuneration for men and women for work of equal value. Legislation. Referring to its observation, the Committee notes that, unlike section 92(7) of the Labour Code, section 104, which lays down the principle of equal remuneration for work of equal value, lacks an express reference to the remuneration of men and women and so does not establish clearly what needs to be compared, that is, jobs done mainly by men with jobs done mainly by women. The Committee asks the Government to explain how section 104 of the Labour Code is applied in such a way as to implement the principle of equal remuneration for men and women for work of equal value and what comparisons are foreseen. Please provide information on any measures taken in this regard.
Objective job evaluation. In order to facilitate application of the principle of equal remuneration between men and women for work of equal value and to ascertain whether or not jobs done traditionally by women are undervalued in comparison with jobs done traditionally by men, the Committee asks the Government to indicate whether objective job evaluation is undertaken or envisaged in the public and private sectors and, if so, to specify the method and the evaluation criteria.
Minimum wage. In its previous comments the Committee noted that the draft Decree on the SMIG had still not been adopted and that, according to the Comoros Employers’ Organization (OPACO), the body that concluded the agreement on the minimum wage, namely the Higher Council for Labour and Employment (CSTE), had not been convened and was therefore unable to relaunch the process to adopt the Decree. The Committee asks the Government to report on the status of the process to adopt the Decree on the SMIG, specifying the role of the CSTE. Please also provide a copy of the Decree as soon as it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied as established.
Public sector. In its previous comments the Committee noted that the statistical information provided by the Government on the numbers of men and women working in public service categories A, B and C in the General Treasury Department, did not allow an assessment of how far the Convention is applied in the public sector. It also noted that, according to OPACO, there are no statistics on pay for men and women in the public sector or on the distribution of men and women in the various categories of public-sector jobs and posts. The Committee took note of the Government’s reply referring OPACO to its report. The Committee again encourages the Government to take the necessary steps to have such data compiled so as to allow an analysis of the posts and remuneration of men and women in the public sector, including any other benefits, with a view to determining whether there are remuneration gaps and, if so, taking the necessary steps to eliminate them.

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In its previous comments the Committee took note of observations of the Workers’ Confederation of Comoros (CTC) received on 1 September 2011, in which the organization reported that the principle of equal remuneration between women and men in the private and parastatal sectors is not being respected because there is no wage scale or indicator to which employers might refer. The Committee invited the Government to send its comments on the matter. The Committee notes that the Government’s report has not been received but that a new Labour Code was adopted on 28 June 2012.
Equal remuneration for work of equal value. Legislation. In its earlier comments the Committee noted that section 97 of the Labour Code providing for equal wages regardless of the worker’s origin, sex, age or status “under equal working conditions, professional qualifications and output” did not give full effect to the Convention. The Committee notes with interest that according to section 104 of the new Labour Code “all employers shall provide equal remuneration for the same work or for work of equal value”. It further notes that this provision contains a definition of “remuneration” that reflects that of Article 1(a) of the Convention. The Committee asks the Government to provide information on the application of section 104 of the Labour Code in practice. It encourages the Government to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness among workers and employers and their organizations, labour inspectors, judges and others involved in enforcing the Labour Code concerning the principle of equal remuneration for work of equal value.
Collective agreements. The Committee notes that section 92(7) of the new Labour Code provides that “collective agreements [which may be extended] must include provisions on the ways and means of applying the principle of equal remuneration for men and women for work of equal value”. The Committee asks the Government to provide information on the effect given in practice to section 92(7) of the new Labour Code. It also asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value and the ways and means of applying it, and to provide extracts of relevant collective agreements.
The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the observations made by the Confederation of Workers of Comoros (CTC), received on 1 September 2011, stating that the principle of equal remuneration between women and men in the private and parastatal sectors is far from being respected because there is no wage scale or indicator to which employers might refer. According to the CTC, the Convention is only applied in the public sector. The CTC also points out that the draft decree relating to the guaranteed interoccupational minimum wage (SMIG), that has been in the process of being adopted for six years, has still not been adopted. The CTC adds that, given the socio-economic situation in the country, its content is no longer valid and needs to be updated. The Committee invites the Government to submit any comments that it would like to make in reply to the observations of the CTC.
The Committee notes, moreover, that it has still not received the Government’s report. It hopes that a report will be provided for examination by the Committee at its next session, and that it will contain full information on the points raised in its previous direct request, which read as follows:
Article 3 of the Convention. Objective job evaluation. The Committee asks the Government to indicate whether, in order to facilitate the application of the principle of equal remuneration for work of equal value, objective job evaluation in the private sector has been undertaken or is being contemplated and, if so, to state the methods used.
Minimum wage. The Committee notes the Government’s statement that the draft decree relating to the guaranteed interoccupational minimum wage (SMIG) has still not been adopted. According to the Comoros Employers’ Organization (OPACO), the body which concluded the agreement on the minimum wage, namely the Higher Council for Labour and Employment (CSTE), has not been convened and is therefore not in a position to relaunch the process of adoption of the abovementioned decree. The Committee asks the Government to supply further information in this respect, particularly as regards the convening of the CSTE, and also precise information on the progress of the adoption of the decree relating to the guaranteed interoccupational minimum wage. It also asks the Government to supply a copy of the decree once it has been adopted, and also to provide information on the steps taken to ensure a strict application of any minimum wage fixed in this way.
Public sector. The Committee notes the statistical information sent by the Government concerning the numbers of men and women working in public service categories A, B and C within the General Treasury Department. However, it notes that this information does not enable it to evaluate the level of application of the Convention in the public sector. It also notes that OPACO states, in its communication of 1 September 2009, that there are no statistics on pay for men and women in the public sector or on the respective numbers of men and women in the various categories of public sector jobs and posts. The Committee notes the Government’s reply referring OPACO to its report. The Committee encourages the Government to take the necessary steps for the collection of such data to make it possible to analyse the posts and wages of men and women in the public sector, determine whether wage gaps exist and take the necessary steps to eliminate them.

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The Committee notes the observations made by the Workers’ Confederation of Comoros (CTC), received on 1 September 2011, in which the organization states that, given that section 97 of the Labour Code has still not been revised, it is difficult to assess the extent of its application in enterprises with respect to remuneration because there is no wage scale to which employers might refer. The Committee invites the Government to submit any comments it would like to make in reply to the observations of the CTC.
Furthermore, the Committee notes that it has not received the Government’s report. It therefore feels bound to reiterate its previous observation, which reads as follows:
Article 2(2)(a) of the Convention. Principle of equal remuneration for work of equal value. Legislation. The Committee notes that, according to the Government’s report, in the context of the draft revision of the Labour Code, particularly section 97, the draft section on equal remuneration states that “all employers must ensure equal remuneration for the same work or for work of equal value”. The Committee also notes the communication from the Comoros Employers’ Organization (OPACO) dated 1 September 2009, which states that the revision of section 97 of the Labour Code has not yet been carried out. It notes the Government’s reply referring the OPACO to its report. The Committee asks the Government to indicate the progress of the legislative work relating to the revision of the Labour Code and hopes that the new Labour Code, giving full expression to the principle of equal remuneration for men and women for work of equal value, will be adopted in the near future. The Committee asks the Government to supply information on the role of the social partners in the process of the revision of the Labour Code and to send a copy of the new Code once it has been adopted.
The Committee hopes that the Government will do its utmost to take the necessary measures in the near future.
The Committee is raising other points in a request addressed directly to the Government.

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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:

Article 3 of the Convention. Objective job evaluation. The Committee asks the Government to indicate whether, in order to facilitate the application of the principle of equal remuneration for work of equal value, objective job evaluation in the private sector has been undertaken or is being contemplated and, if so, to state the methods used.

Minimum wage. The Committee notes the Government’s statement that the draft decree relating to the guaranteed interoccupational minimum wage (SMIG) has still not been adopted. According to the Comoros Employers’ Organization (OPACO), the body which concluded the agreement on the minimum wage, namely the Higher Council for Labour and Employment (CSTE), has not been convened and is therefore not in a position to relaunch the process of adoption of the abovementioned decree. The Committee asks the Government to supply further information in this respect, particularly as regards the convening of the CSTE, and also precise information on the progress of the adoption of the decree relating to the guaranteed interoccupational minimum wage. It also asks the Government to supply a copy of the decree once it has been adopted, and also to provide information on the steps taken to ensure a strict application of any minimum wage fixed in this way.

Public sector. The Committee notes the statistical information sent by the Government concerning the numbers of men and women working in public service categories A, B and C within the General Treasury Department. However, it notes that this information does not enable it to evaluate the level of application of the Convention in the public sector. It also notes that OPACO states, in its communication of 1 September 2009, that there are no statistics on pay for men and women in the public sector or on the respective numbers of men and women in the various categories of public sector jobs and posts. The Committee notes the Government’s reply referring OPACO to its report. The Committee encourages the Government to take the necessary steps for the collection of such data to make it possible to analyse the posts and wages of men and women in the public sector, determine whether wage gaps exist and take the necessary steps to eliminate them.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2(2)(a) of the Convention. Principle of equal remuneration for work of equal value. Legislation. The Committee notes that, according to the Government’s report, in the context of the draft revision of the Labour Code, particularly section 97, the draft section on equal remuneration states that all employers must ensure equal remuneration for the same work or for work of equal value. The Committee also notes the communication from the Comoros Employers’ Organization (OPACO) dated 1 September 2009, which states that the revision of section 97 of the Labour Code has not yet been carried out. It notes the Government’s reply referring the OPACO to its report. The Committee asks the Government to indicate the progress of the legislative work relating to the revision of the Labour Code and hopes that the new Labour Code, giving full expression to the principle of equal remuneration for men and women for work of equal value, will be adopted in the near future. The Committee asks the Government to supply information on the role of the social partners in the process of the revision of the Labour Code and to send a copy of the new Code once it has been adopted.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 3 of the Convention. Objective job evaluation. The Committee asks the Government to indicate whether, in order to facilitate the application of the principle of equal remuneration for work of equal value, objective job evaluation in the private sector has been undertaken or is being contemplated and, if so, to state the methods used.

Minimum wage. The Committee notes the Government’s statement that the draft decree relating to the guaranteed interoccupational minimum wage (SMIG) has still not been adopted. According to the Comoros Employers’ Organization (OPACO), the body which concluded the agreement on the minimum wage, namely the Higher Council for Labour and Employment (CSTE), has not been convened and is therefore not in a position to relaunch the process of adoption of the abovementioned decree. The Committee asks the Government to supply further information in this respect, particularly as regards the convening of the CSTE, and also precise information on the progress of the adoption of the decree relating to the guaranteed interoccupational minimum wage. It also asks the Government to supply a copy of the decree once it has been adopted, and also to provide information on the steps taken to ensure a strict application of any minimum wage fixed in this way.

Public sector. The Committee notes the statistical information sent by the Government concerning the numbers of men and women working in public service categories A, B and C within the General Treasury Department. However, it notes that this information does not enable it to evaluate the level of application of the Convention in the public sector. It also notes that OPACO states, in its communication of 1 September 2009, that there are no statistics on pay for men and women in the public sector or on the respective numbers of men and women in the various categories of public sector jobs and posts. The Committee notes the Government’s reply referring OPACO to its report. The Committee encourages the Government to take the necessary steps for the collection of such data to make it possible to analyse the posts and wages of men and women in the public sector, determine whether wage gaps exist and take the necessary steps to eliminate them.

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Article 2, paragraph 2(a), of the Convention. Principle of equal remuneration for work of equal value. Legislation. The Committee notes that according to the Government’s report, in the context of the draft revision of the Labour Code, particularly section 97, the draft section on equal remuneration states that all employers must ensure equal remuneration for the same work or for work of equal value. The Committee also notes the communication from the Comoros Employers’ Organization (OPACO) dated 1 September 2009, which states that the revision of section 97 of the Labour Code has not yet been carried out. It notes the Government’s reply referring the OPACO to its report. The Committee asks the Government to indicate the progress of the legislative work relating to the revision of the Labour Code and hopes that the new Labour Code, giving full expression to the principle of equal remuneration for men and women for work of equal value, will be adopted in the near future. The Committee asks the Government to supply information on the role of the social partners in the process of the revision of the Labour Code and to send a copy of the new Code once it has been adopted.

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

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1. Legislation. Principle of equal remuneration for work of equal value. The Committee recalls its previous comments expressing concern in relation to section 97 of the Labour Code which provides for equal remuneration under equal working conditions, professional qualifications and output.  As indicated by the Committee, section 97 is more restrictive than the Convention which calls for equal remuneration for men and women for work of equal value. This principle also covers situations where men and women, in fact, perform jobs that are different, but nevertheless of equal value. In this regard, the Committee notes the Government’s commitment to bring section 97 into conformity with the Convention and its request for technical assistance from the ILO on this matter. The Committee hopes that such technical assistance will be provided and asks the Government to keep the Committee apprised of the progress made in bringing the legislation into conformity with the Convention.

2. Minimum wages. The Committee notes the Government’s indication that an agreement concerning the guaranteed interoccupational minimum wage (SMIG) was reached and that the draft minimum wage Decree was before the Government for adoption. The Committee asks the Government to provide a copy of the Decree once adopted, as well as information on the measures taken to ensure strict enforcement of the guaranteed minimum wage.

3. Public sector. The Committee notes that the Government has not yet provided statistical information on the earnings of men and women in the public sector, as requested by the Committee. The Committee asks the Government to provide this information in its next report, including information on the distribution of men and women in the different categories and posts.

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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 1(b) of the Convention. Principle of equal remuneration for work of equal value. The Committee notes that the Government omits to provide information in its report with respect to section 97 of the Labour Code and is bound to reiterate the concern expressed in its previous direct request with regard to section 97, which establishes the principle of equal remuneration under equal working conditions, professional qualifications and output. Referring to its previous comments, it recalls that the principle of the Convention calls for equal remuneration for men and women workers for work of equal value, which also covers situations where men and women, in fact, perform jobs that are different, but are of equal value. The Committee therefore once again asks the Government to consider amending its Labour Code, if it so requests with the technical assistance of the Office, to ensure that the Labour Code sets out the broader principle laid down in Article 1(b) of the Convention.

2. Article 2(1) The Committee notes the Government’s statement that, due to lack of control mechanisms and procedures, it is not possible to ensure the application of the principle of equal remuneration for men and women workers for work of equal value in the private sector. The Committee is bound to point out to the Government that wherever a State is not in a position to ensure the principle of equal remuneration, it must promote its application under Article 2(1) of the Convention (see General Survey on equal remuneration, 1986, paragraph 29). The Committee therefore asks the Government to provide detailed information with its next report on promotional measures taken or envisaged to promote the principle of equal remuneration for men and women workers for work of equal value in the private sector.

3. The Committee regrets that the Government’s report does not contain a reply to its previous comments and that it contains only general information, which does not enable the Committee to assess the extent to which effect is given in practice to the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention. It therefore reiterates its previous request for information on the progress made with regard to the draft decree setting out the guaranteed interoccupational minimum wage (SMIG). The Committee once again recalls the concern expressed in 2000 by the Confederation of Independent Trade Unions of Comoros Workers (USATC), particularly in relation to the private sector, where the lack of a minimum wage leads to the unilateral fixing of wages by employers with no prior negotiation. The Committee hopes that the process of setting the SMIG, taking into account the requirements of this Convention, will be completed as soon as possible. It asks the Government to keep it informed of the negotiations held in relation to the setting of the SMIG and to provide a copy of the decree once adopted.

4. Part III of the report form. Practical application. The Committee notes the Government’s statement that men and women workers in the public sector receive equal remuneration for work of equal value. It asks the Government to provide with its next report statistical information on salary levels in the public sector, disaggregated by sex, so as to enable it to assess the application in practice of the principle of equal remuneration for men and women workers in the public sector.

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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 1(b) of the Convention. Principle of equal remuneration for work of equal value. The Committee notes that the Government omits to provide information in its report with respect to section 97 of the Labour Code and is bound to reiterate the  concern expressed in its previous direct request with regard to section 97, which establishes the principle of equal remuneration under equal working conditions, professional qualifications and output. Referring to its previous comments, it recalls that the principle of the Convention calls for equal remuneration for men and women workers for work of equal value, which also covers situations where men and women, in fact, perform jobs that are different, but are of equal value. The Committee therefore once again asks the Government to consider amending its Labour Code, if it so requests with the technical assistance of the Office, to ensure that the Labour Code sets out the broader principle laid down in Article 1(b) of the Convention.

2. Article 2(1). The Committee notes the Government’s statement that, due to lack of control mechanisms and procedures, it is not possible to ensure the application of the principle of equal remuneration for men and women workers for work of equal value in the private sector. The Committee is bound to point out to the Government that wherever a State is not in a position to ensure the principle of equal remuneration, it must promote its application under Article 2(1) of the Convention (see General Survey on equal remuneration, 1986, paragraph 29). The Committee therefore asks the Government to provide detailed information with its next report on promotional measures taken or envisaged to promote the principle of equal remuneration for men and women workers for work of equal value in the private sector.

3. The Committee regrets that the Government’s report does not contain a reply to its previous comments and that it contains only general information, which does not enable the Committee to assess the extent to which effect is given in practice to the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention. It therefore reiterates its previous request for information on the progress made with regard to the draft decree setting out the guaranteed interoccupational minimum wage (SMIG). The Committee once again recalls the concern expressed in 2000 by the Confederation of Independent Trade Unions of Comoros Workers (USATC), particularly in relation to the private sector, where the lack of a minimum wage leads to the unilateral fixing of wages by employers with no prior negotiation. The Committee hopes that the process of setting the SMIG, taking into account the requirements of this Convention, will be completed as soon as possible. It asks the Government to keep it informed of the negotiations held in relation to the setting of the SMIG and to provide a copy of the decree once adopted.

4. Part III of the report form. Practical application. The Committee notes the Government’s statement that men and women workers in the public sector receive equal remuneration for work of equal value. It asks the Government to provide with its next report statistical information on salary levels in the public sector, disaggregated by sex, so as to enable it to assess the application in practice of the principle of equal remuneration for men and women workers in the public sector.

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1. Article 1(b) of the Convention. Principle of equal remuneration for work of equal value. The Committee notes that the Government omits to provide information in its report with respect to section 97 of the Labour Code and is bound to reiterate the  concern expressed in its previous direct request with regard to section 97, which establishes the principle of equal remuneration under equal working conditions, professional qualifications and output. Referring to its previous comments, it recalls that the principle of the Convention calls for equal remuneration for men and women workers for work of equal value, which also covers situations where men and women, in fact, perform jobs that are different, but are of equal value. The Committee therefore once again asks the Government to consider amending its Labour Code, if it so requests with the technical assistance of the Office, to ensure that the Labour Code sets out the broader principle laid down in Article 1(b) of the Convention.

2. Article 2(1). The Committee notes the Government’s statement that, due to lack of control mechanisms and procedures, it is not possible to ensure the application of the principle of equal remuneration for men and women workers for work of equal value in the private sector. The Committee is bound to point out to the Government that wherever a State is not in a position to ensure the principle of equal remuneration, it must promote its application under Article 2(1) of the Convention (see General Survey on equal remuneration, 1986, paragraph 29). The Committee therefore asks the Government to provide detailed information with its next report on promotional measures taken or envisaged to promote the principle of equal remuneration for men and women workers for work of equal value in the private sector.

3. The Committee regrets that the Government’s report does not contain a reply to its previous comments and that it contains only general information, which does not enable the Committee to assess the extent to which effect is given in practice to the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention. It therefore reiterates its previous request for information on the progress made with regard to the draft decree setting out the guaranteed interoccupational minimum wage (SMIG). The Committee once again recalls the concern expressed in 2000 by the Confederation of Independent Trade Unions of Comoros Workers (USATC), particularly in relation to the private sector, where the lack of a minimum wage leads to the unilateral fixing of wages by employers with no prior negotiation. The Committee hopes that the process of setting the SMIG, taking into account the requirements of this Convention, will be completed as soon as possible. It asks the Government to keep it informed of the negotiations held in relation to the setting of the SMIG and to provide a copy of the decree once adopted.

4. Part III of the report form. Practical application. The Committee notes the Government’s statement that men and women workers in the public sector receive equal remuneration for work of equal value. It asks the Government to provide with its next report statistical information on salary levels in the public sector, disaggregated by sex, so as to enable it to assess the application in practice of the principle of equal remuneration for men and women workers in the public sector.

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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.

The Committee notes the information contained in the Government’s report, as well as the comments of the Confederation of Independent Trade Unions of Comoros Workers (USATC).

1. The Committee notes from the Government’s brief report that, due to the continuing deterioration of the political, economic and social environment in the country, no progress has been made with regard to the draft decree setting the guaranteed inter-occupational minimum wage (SMIG). It notes the concerns expressed by the USATC in respect of this situation, particularly in the private sector, where the lack of a minimum wage leads to the unilateral fixing of wages by employers with no prior negotiation. The Committee hopes that the process of setting the SMIG, taking into account the requirements of this Convention, will be completed as quickly as possible, and asks the Government to keep it informed of the adoption of the draft decree mentioned.

2. The Committee reiterates its previous comments concerning the principle of equal remuneration as contained in the Labour Code, which requires equal working conditions, professional qualifications and output (section 97). The Committee recalls that the principle of the Convention calls for equal remuneration between men and women workers for work of equal value. The Convention therefore covers situations where men and women in fact perform jobs that are different, but have equal value. The application of this principle implies a comparison of the tasks involved in different jobs, which necessarily requires the existence of appropriate mechanisms and procedures to ensure that job evaluations are free from all gender-based discrimination. The Committee once again recommends that the Government consider amending its Labour Code with the technical assistance of the Office.

3. The Committee notes that while the Government’s report of April 2000 cited a document entitled "Toward a national employment policy: Basic information" as an attachment to the report, the document was not received by the Office. The Committee would be grateful if the Government would forward a copy with its next report.

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The Committee notes the information contained in the Government’s report, as well as the comments of the Confederation of Independent Trade Unions of Comoros Workers (USATC).

1.  The Committee notes from the Government’s brief report that, due to the continuing deterioration of the political, economic and social environment in the country, no progress has been made with regard to the draft decree setting the guaranteed inter-occupational minimum wage (SMIG). It notes the concerns expressed by the USATC in respect of this situation, particularly in the private sector, where the lack of a minimum wage leads to the unilateral fixing of wages by employers with no prior negotiation. The Committee hopes that the process of setting the SMIG, taking into account the requirements of this Convention, will be completed as quickly as possible, and asks the Government to keep it informed of the adoption of the draft decree mentioned.

2.  The Committee reiterates its previous comments concerning the principle of equal remuneration as contained in the Labour Code, which requires equal working conditions, professional qualifications and output (section 97). The Committee recalls that the principle of the Convention calls for equal remuneration between men and women workers for work of equal value. The Convention therefore covers situations where men and women in fact perform jobs that are different, but have equal value. The application of this principle implies a comparison of the tasks involved in different jobs, which necessarily requires the existence of appropriate mechanisms and procedures to ensure that job evaluations are free from all gender-based discrimination. The Committee once again recommends that the Government consider amending its Labour Code with the technical assistance of the Office.

3.  The Committee notes that while the Government’s report of April 2000 cited a document entitled "Toward a national employment policy: Basic information" as an attachment to the report, the document was not received by the Office. The Committee would be grateful if the Government would forward a copy with its next report.

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The Committee notes with regret 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 the matters raised in its previous direct request, which read as follows:

[...]

1. Noting that the draft decree setting the guaranteed minimum wage (SMIG) -- the signing of which by the Head of State has been delayed owing to the deterioration in political, economic and social conditions -- should be re-examined soon and that the reform of the Civil Service Statute has not yet been completed, the Committee trusts that the Government will keep it informed of the progress made in this respect and that, as promised in the report, it will provide a copy of these texts as soon as they have been adopted.

2. In response to the concerns expressed by the Committee -- relating to the narrow interpretation of the principle of equal remuneration for men and women for work of equal value in the national legislation -- the Government stated that, in order to eliminate the possibility of discriminatory treatment against women workers, it was considering amending the definition of equality of treatment appearing in section 97 of the Labour Code which states that "in equal conditions of work, vocational qualifications and output, wages shall be equal for all workers irrespective ... of their sex ... under the conditions provided for in this section". In its last report, the Government repeats its previous comments and states that, in its opinion, the provisions of section 97 of the Labour Code comply with those of Article 1(b) of the Convention. The Committee wishes to emphasize that, as explained in paragraphs 51-62 of its General Survey on equal remuneration of 1986, such a definition -- interpreted restrictively -- may in reality give rise to discriminatory treatment against women workers. For that reason, it urges the Government to consider once again amending the definition of equal remuneration for work of equal value incorporated in the Comorian Labour Code and recalls that the ILO is available to provide any technical assistance it may desire in this area.

3. The Committee notes the civil service wages scale currently in force, as supplied by the Government, and, in particular, the fact that the scales does not make a clear distinction according to the sex of the worker concerned. However, since it considers that this information does not enable it to assess the manner in which the Convention is applied in practice, the Committee would be grateful if the Government would indicate in its next report the distribution of men and women at the different levels.

4. Finally, it requests the Government to provide a copy of Decree No. 93-1755/PR of 5 October 1993 concerning the classification, manner of appointment and special management rules for the holders of senior posts and supervisory staff working in the state civil administration which the Government indicated was attached to the report but has not been received.

CMNT_TITLE

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. Noting that the draft decree setting the guaranteed minimum wage (SMIG) -- the signing of which by the Head of State has been delayed owing to the deterioration in political, economic and social conditions -- should be re-examined soon and that the reform of the Civil Service Statute has not yet been completed, the Committee trusts that the Government will keep it informed of the progress made in this respect and that, as promised in the report, it will provide a copy of these texts as soon as they have been adopted.

2. In response to the concerns expressed by the Committee -- relating to the narrow interpretation of the principle of equal remuneration for men and women for work of equal value in the national legislation -- the Government stated that, in order to eliminate the possibility of discriminatory treatment against women workers, it was considering amending the definition of equality of treatment appearing in section 97 of the Labour Code which states that "in equal conditions of work, vocational qualifications and output, wages shall be equal for all workers irrespective ... of their sex ... under the conditions provided for in this section". In its last report , the Government repeats its previous comments and states that in its opinion the provisions of section 97 of the Labour Code comply with those of Article 1(b) of the Convention. The Committee wishes to emphasize that, as explained in paragraphs 51-62 of its General Survey on equal remuneration of 1986, such a definition -- interpreted restrictively -- may in reality give rise to discriminatory treatment against women workers. For that reason, it urges the Government to consider once again amending the definition of equal remuneration for work of equal value incorporated in the Comorian Labour Code and recalls that the ILO is available to provide any technical assistance it may desire in this area.

3. The Committee notes the civil service wages scale currently in force, as supplied by the Government, and in particular the fact that the scale does not make a clear distinction according to the sex of the worker concerned. However, since it considers that this information does not enable it to assess the manner in which the Convention is applied in practice, the Committee would be grateful if the Government would indicate in its next report the distribution of men and women at the different levels.

4. Finally, it requests the Government to provide a copy of Decree No. 93-1755/PR of 5 October 1993 concerning the classification, manner of appointment and special management rules for the holders of senior posts and supervisory staff working in the state civil administration, which the Government indicated was attached to the report but has not been received.

CMNT_TITLE

The Committee notes the information provided by the Government in response to its previous comments.

1. Noting that the draft decree setting the guaranteed minimum wage (SMIG) -- the signing of which by the Head of State has been delayed owing to the deterioration in political, economic and social conditions -- should be re-examined soon and that the reform of the Civil Service Statute has not yet been completed, the Committee trusts that the Government will keep it informed of the progress made in this respect and that, as promised in the report, it will provide a copy of these texts as soon as they have been adopted.

2. In response to the concerns expressed by the Committee -- relating to the narrow interpretation of the principle of equal remuneration for men and women for work of equal value in the national legislation -- the Government stated that, in order to eliminate the possibility of discriminatory treatment against women workers, it was considering amending the definition of equality of treatment appearing in section 97 of the Labour Code which states that "in equal conditions of work, vocational qualifications and output, wages shall be equal for all workers irrespective ... of their sex ... under the conditions provided for in this section". In its last report , the Government repeats its previous comments and states that in its opinion the provisions of section 97 of the Labour Code comply with those of Article 1(b) of the Convention. The Committee wishes to emphasize that, as explained in paragraphs 51-62 of its General Survey on equal remuneration of 1986, such a definition -- interpreted restrictively -- may in reality give rise to discriminatory treatment against women workers. For that reason, it urges the Government to consider once again amending the definition of equal remuneration for work of equal value incorporated in the Comorian Labour Code and recalls that the ILO is available to provide any technical assistance it may desire in this area.

3. The Committee notes the civil service wages scale currently in force, as supplied by the Government, and in particular the fact that the scale does not make a clear distinction according to the sex of the worker concerned. However, since it considers that this information does not enable it to assess the manner in which the Convention is applied in practice, the Committee would be grateful if the Government would indicate in its next report the distribution of men and women at the different levels.

4. Finally, it requests the Government to provide a copy of Decree No. 93-1755/PR of 5 October 1993 concerning the classification, manner of appointment and special management rules for the holders of senior posts and supervisory staff working in the state civil administration, which the Government indicated was attached to the report but has not been received.

CMNT_TITLE

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 repeated statement that section 97 of the Labour Code provides for equal remuneration for equal work, and not for work of equal value, in accordance with Article 1(b) of the Convention. With reference to the Government's previous statement that, on the occasion of a future revision of the Code, it would not fail to take into account the definition of remuneration set out in the Convention, the Committee hopes that the next report will contain information on the measures which have been taken or are envisaged to bring the Code into conformity with the Convention. The Committee recalls that the ILO is at the Government's disposal for any technical assistance that it might wish to receive in this field.

2. The Committee notes that the study of wages has resulted in the formulation of a draft Decree to determine minimum wages and that, despite its approval by the Council of Ministers in April 1992, problems of a social and political nature have delayed its signature by the Head of State. It hopes that the draft text will be definitively adopted in the very near future and that the Government will supply a copy of the text, as promised in the report, and will give an indication of the impact of its adoption on the application of the principle set out in the Convention.

3. The Committee notes the recent adoption of Decree No. 93 of 5 October 1993 to classify, determine the manner of appointment and issue special management rules respecting titular employees in the higher and middle management of the State's civil administration. It requests the Government to supply a copy of this Decree and to indicate the impact of its adoption on the application of the principle of equal remuneration for work of equal value for men and women workers in the public administration. In this respect, in order to enable it to assess the manner in which the principle is applied in practice, the Committee requests the Government to supply the wage scales currently applicable in the public service, with an indication of the distribution of men and women at the various levels. The Committee recalls the Government's previous statement that it envisaged establishing a system with the assistance of the ILO for the objective appraisal of jobs on the basis of the work to be performed and it requests the Government to state whether this new classification responds to this objective and to keep it informed of developments relating to any other proposed measures in this respect.

4. The Committee notes that the general principles of the reform of the conditions of service of the public service have already been laid down and that the study of this reform was to have been taken up once again and completed in January 1994. The Committee hopes that the new conditions of service of the public service will guarantee equal remuneration for work of equal value and, in particular, that in the context of the current reform, section 8 of Act No. 80-22 to issue the general conditions of service of public servants (which prohibits any distinction between the two sexes subject to special provisions in other legislation) will be brought into conformity with the Convention. It requests the Government to supply a copy of the new conditions of service as soon as they are adopted.

CMNT_TITLE

Further to its previous direct requests, the Committee notes the information contained in the Government's report.

1. The Committee notes the Government's repeated statement that section 97 of the Labour Code provides for equal remuneration for equal work, and not for work of equal value, in accordance with Article 1(b) of the Convention. With reference to the Government's previous statement that, on the occasion of a future revision of the Code, it would not fail to take into account the definition of remuneration set out in the Convention, the Committee hopes that the next report will contain information on the measures which have been taken or are envisaged to bring the Code into conformity with the Convention. The Committee recalls that the ILO is at the Government's disposal for any technical assistance that it might wish to receive in this field.

2. The Committee notes that the study of wages has resulted in the formulation of a draft Decree to determine minimum wages and that, despite its approval by the Council of Ministers in April 1992, problems of a social and political nature have delayed its signature by the Head of State. It hopes that the draft text will be definitively adopted in the very near future and that the Government will supply a copy of the text, as promised in the report, and will give an indication of the impact of its adoption on the application of the principle set out in the Convention.

3. The Committee notes the recent adoption of Decree No. 93 of 5 October 1993 to classify, determine the manner of appointment and issue special management rules respecting titular employees in the higher and middle management of the State's civil administration. It requests the Government to supply a copy of this Decree and to indicate the impact of its adoption on the application of the principle of equal remuneration for work of equal value for men and women workers in the public administration. In this respect, in order to enable it to assess the manner in which the principle is applied in practice, the Committee requests the Government to supply the wage scales currently applicable in the public service, with an indication of the distribution of men and women at the various levels. The Committee recalls the Government's previous statement that it envisaged establishing a system with the assistance of the ILO for the objective appraisal of jobs on the basis of the work to be performed and it requests the Government to state whether this new classification responds to this objective and to keep it informed of developments relating to any other proposed measures in this respect.

4. The Committee notes that the general principles of the reform of the conditions of service of the public service have already been laid down and that the study of this reform was to have been taken up once again and completed in January 1994. The Committee hopes that the new conditions of service of the public service will guarantee equal remuneration for work of equal value and, in particular, that in the context of the current reform, section 8 of Act No. 80-22 to issue the general conditions of service of public servants (which prohibits any distinction between the two sexes subject to special provisions in other legislation) will be brought into conformity with the Convention. It requests the Government to supply a copy of the new conditions of service as soon as they are adopted.

CMNT_TITLE

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 that, according to the Government, the study on wages has been suspended due to problems of an administrative and financial nature. The Committee hopes that the Government will be in a position to supply with its next report the results of the work of the special committee established in April 1986 to undertake this study and that it will also indicate their implications for the application of the principle laid down in the Convention.

2. The Committee also notes the suspension of the study of the specific conditions of service applying to the various branches of the public service, carried out under Act No. 80-22 of 1981 establishing the general conditions of service of public servants. The Committee requests the Government to supply information on the progress achieved in establishing these conditions of service and to transmit copies of them when they have been adopted, as it expressed the intention of doing in its report.

3. The Government repeats that due to a state of extremely acute crisis it has been prevented from amending the Labour Code but will not fail, when the Code is reviewed, to take account of the definition of equal remuneration laid down in the Convention. The Committee hopes that the Government's next report will contain information on any progress achieved in this respect.

4. The Committee notes the Government's indications to the effect that there is no official system for the objective evaluation of jobs on the basis of the work to be performed and that it envisages in future establishing such a system with the assistance of the ILO, which it will request at the appropriate time. The Committee requests the Government to keep it informed of the progress achieved in this respect and recalls that the ILO is at its disposal for any technical assistance that it may wish to request.

CMNT_TITLE

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

1. The Committee notes that, according to the Government, the study on wages has been suspended due to problems of an administrative and financial nature. The Committee hopes that the Government will be in a position to supply with its next report the results of the work of the special committee established in April 1986 to undertake this study and that it will also indicate their implications for the application of the principle laid down in the Convention.

2. The Committee also notes the suspension of the study of the specific conditions of service applying to the various branches of the public service, carried out under Act No. 80-22 of 1981 establishing the general conditions of service of public servants. The Committee requests the Government to supply information on the progress achieved in establishing these conditions of service and to transmit copies of them when they have been adopted, as it expressed the intention of doing in its report.

3. The Government repeats that due to a state of extremely acute crisis it has been prevented from amending the Labour Code but will not fail, when the Code is reviewed, to take account of the definition of equal remuneration laid down in the Convention. The Committee hopes that the Government's next report will contain information on any progress achieved in this respect.

4. The Committee notes the Government's indications to the effect that there is no official system for the objective evaluation of jobs on the basis of the work to be performed and that it envisages in future establishing such a system with the assistance of the ILO, which it will request at the appropriate time. The Committee requests the Government to keep it informed of the progress achieved in this respect and recalls that the ILO is at its disposal for any technical assistance that it may wish to request.

CMNT_TITLE

Further to its previous comments, the Committee takes note of the information provided by the Government in its report.

1. The Committee again expresses the hope that the Government will shortly be able to transmit the results of the work of the ad hoc committee established by Order No. 86-008/MJ-FOP of 19 April 1986, to study wages and, in particular, the guaranteed occupational minimum wage, and that it will also indicate their implications for the application of the principle laid down in the Convention.

2. The Committee again regards the Government to supply a copy of the particular conditions of service applying to the various branches of the public service (Act No. 80-22 of 1981 establishing the general conditions of service of public servants), as soon as they are adopted.

3. The Government indicates that a state of acute crisis has prevented it from having the Labour Code amended, but that when the Code is reviewed, it will not fail to take account of the definition of equal remuneration laid down in the Convention. The Committee hopes that, in its next report, the Government will be able to provide information on the progress made in this respect.

4. With regard to the information requested by the Committee concerning the sectors (industries, enterprises or services) employing a large number of women, the Committee notes from the Government's report that the only sector to employ a large number of women is the clerical sector of the civil service, where all employees receive equal pay for equal qualifications, irrespective of sex, and that in the private sector wages are determined by professional qualifications and occupational category, without any discrimination based on sex. The Committee refers to paragraphs 22 and 72, 138 to 152 and 199 to 215 of its General Survey of 1986 on Equal Remuneration, and asks the Government to provide information on any system, either existing or contemplated for an objective appraisal of jobs on the basis of the tasks involved, both in the public service and in the branches of the private sector employing women.

CMNT_TITLE

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:

The Committee takes note of the information supplied by the Government in its report in reply to its previous direct request.

1. The Committee notes that the special committee established by Order No. 86-008/MJ-FOP of 19 April 1986, to study wages and, in particular, the guaranteed occupational minimum wage, has completed its work. The document produced by the above Committee is to be submitted to the Council of Ministers and approved by the Federal Assembly before being put into force. The Government indicates that the Committee took account, during its work, of the principle of equal remuneration for work of equal value and that, with regard to wages which are higher than the statutory minimum rate, the Committee used a number of criteria related to the job requirements such as professional qualifications, the level of responsibility and decision-making and the level of physical and intellectual effort. The Committee hopes that the Government will shortly be able to communicate the results of this work and state its implications for the application of the principle laid down in the Convention.

2. With regard to the particular conditions of service applying to the various branches of public servants, and the Orders to give effect to Act No. 80-22 establishing the general conditions of service of public servants, the Government indicates that the above instruments are still in the process of being prepared, but the principle of equal remuneration is fully taken into account. The Committee requests the Government to provide a copy of the above texts as soon as they are adopted.

3. With a view to giving effect to the principle of equal remuneration for workers of both sexes, section 97 of the Labour Code requires equal conditions of work, occupational skill and output. The Committee has expressed concern regarding the application of the principle laid down in the Convention to cases in which, in practice, women and men perform work of a different nature, but of equal value. In reply, the Government states that the legislation department has been entrusted with a draft amendment in order to bring the definition of "equal remuneration" into conformity with the Convention. The Committee hopes that the Government will shortly be able to state that this draft has been completed.

4. The Committee takes note of the information supplied by the Government concerning the absence of discrimination between men and women in occupational classification and notes that it has not been possible to provide the information requested by the Committee concerning the sectors of activity (industries, enterprises or services) which employ a large number of women. The Government states that regular school attendance for girls is a recent practice and that no sector of activity employs a large number of women. With reference to point 3 and the explanations in paragraphs 138-152 of its 1986 General Survey on Equal Remuneration, the Committee requests the Government to provide information on any system which exists or which is contemplated for the objective appraisal of jobs on the basis of the tasks involved, particularly in sectors of activity employing women, even in small number.

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