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Wage gap, tripartite committees on equality of opportunity and treatment and the Trade Union Quota Act. As regards promoting the principle of equal remuneration through collective bargaining, the Government indicates that equal opportunities and non-discrimination clauses were included in 11 collective agreements including in the petroleum, tobacco, automotive, clothing and shipping sectors. The collective agreement of the textiles and clothing sector includes, in addition, a clause on “equal pay for equal work”. Although the concept “equal pay for equal work” is narrower than the principle laid down in the Convention whereby men and women are to receive equal remuneration for work of equal value and which also covers situations in which men and women perform different work, the Committee appreciates the efforts as a result of which the wage gap between men and women is beginning to be treated as an important item in collective bargaining. The Committee asks the Government to provide information on the measures taken to promote the incorporation of the principle of equal remuneration for work of equal value in collective agreements. It asks the Government in particular to include information on the positive effects that the Trade Union Quota Act, under which every bargaining unit addressing conditions of work has to include women delegates proportional in number to the quantity of women workers in the branch or activity concerned, is having on the application of the Convention’s principle through collective bargaining. The Committee requests the Government to continue to provide information on the collective agreements negotiated in accordance with this requirement.

Public sector. The Committee notes the information supplied by the Government on the activities of the Commission on Equality of Opportunity and Treatment (CIOT) that involve promotion of equality of opportunity in employment and occupation. The Committee refers the Government in this connection to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). As regards activities to promote equal remuneration in the public sector, the Committee observes that the Government has sent no information on whether women have greater difficulty than men in gaining access to positions of greater responsibility or independence. The Committee again asks the Government to provide information on the policies that seek to promote greater representation of women in ministries in which they are less well represented and in executive positions in the public administration, and to continue to provide information on the representation of women in the public sector.

Private sector. According to studies conducted by the CIOT, in sectors of the economy that have a high percentage of women, wages are lower than in sectors with a predominance of male workers, and in the latter sector wages drop as jobs become feminized. According to data from the Subsecretariat for technical programmes and labour studies, women earn 30 per cent less on average than men for work of equal value and with comparable backgrounds. Furthermore, according 2008 data from the Economic Commission for Latin America and the Caribbean (ECLAC), of the population with no income of their own in Argentina, 32.3 per cent are women and 10.4 per cent, men. According to data of August 2008 from the Ministry of Labour, Employment and Social Security, 50 per cent of women who work are in the informal economy in unstable employment with no social coverage and almost one fifth of all working women are employed in private households as domestic staff. The Committee notes the Government’s statement regarding stereotypes that perpetuate the wage gap between men and women, including: women stop working when they become mothers; theirs is a second income, additional to the main one which is earned by men; women have less training; women are not interested in becoming bosses; or women are deemed by employers to cost more than men. The Government indicates that the wage differential between men and women is due, amongst other things, to the different value placed on activities and skills that society associates with the cultural construct of domains belonging to women and on the sectors occupied by men. The Committee asks the Government in its next report to provide information on the measures being adopted to overcome these perceptions and stereotypes, and to promote objective job evaluation in order to ensure the right to equal remuneration for men and women for work of equal value, set out in the Convention.

The Committee takes note of the pilot programme of the National Institution against Discrimination, Xenophobia and Racism (INADI) for the certification of gender equality employers, MEGA 2009, the aim of which is to encourage innovative tools for the management of diversity in enterprises. Enterprises seeking certification must ensure that supplements, wages and salaries for staff performing the same duties or having the same responsibilities are equal, although they may apply proportional differences on the basis of seniority and non-discriminatory criteria established formally by the organization for all posts. In addition, they must offer a vocational development programme allowing equal career opportunities to be offered to men and women, promoting a gender balance in job type, decision-making level and pay. The Committee requests the Government to send further information on the manner in which certified enterprises implement the principle of equal remuneration for men and women for work of equal value in practice.

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Public sector. With reference to its previous comments on the activities for the promotion of equal remuneration in the public sector, the Committee notes that the second collective labour agreement for the public sector, approved by Decree No. 214/06, establishes in section 125 the Tripartite Commission on Equality of Opportunity and Treatment (CIOT) and extends its mandate. Membership of the above Commission includes representatives of the State and the two trade union organizations that are signatories to the agreement: the National Federation of Civilian Personnel and the Association of State Workers. The report describes the activities of the Commission, including the creation of a web site containing the summary reports of each meeting, the activities of the Commission and the machinery for submitting complaints. The Committee invites the Government to continue providing information on the activities of the CIOT in relation to the principle of the Convention.

The Government indicates that persons employed in the public sector are remunerated according to the category or level of the corresponding wage scale, and that accordingly in order to achieve equal remuneration it is necessary to examine whether women encounter greater difficulties than men in gaining access to positions of greater responsibility or independence. In this respect, it indicates that in the National System of Administrative Occupations (SINAPA), women represent 50.8 per cent of all workers, 38.5 per cent of managerial positions – with the exception of the Ministry of Social Development, where the figure is 53 per cent – and 16 per cent of policy-making positions in ministries and secretariats. It also notes that women are predominant in ministries covering areas traditionally considered to be “feminine”, such as social development, education, science and technology, and justice and human rights, while men are in the majority in federal planning, public investment and services, foreign affairs and economy and production. The Committee asks the Government to indicate the policies intended to promote greater representation of women in ministries in which they are less well represented and in executive positions in the public administration and to continue providing information on the representation of women in the public service, based on the three categories referred to in its report, in general, in managerial positions and policy-making positions in ministries, so as to be able to monitor the employment trends of women in the public administration.

The Committee observes that in addition to the difficulties experienced by women in gaining access to certain sectors traditionally considered as being “masculine” and to managerial positions, the wage scale tends to reflect hidden discriminatory criteria in so far as, in reflecting the value of the various types of work involved, it may involuntarily attribute greater value to work considered to be traditionally masculine than traditionally feminine work, but which nevertheless is of equal value. To change this situation it is necessary to examine the ranking given in the wage scale to positions covering “feminine” types of work, such as supervisors of school canteens (generally women), and compare them with the ranking that is given to positions which include types of work considered to be “masculine”, such as supervisors of parks and gardens (generally men) and to ensure that less value is not given to positions involving “feminine” types of work. The Committee invites the Government to provide information on any initiatives taken to ensure that the wage scale in the public sector is free from gender bias.

The Committee is examining the points raised by the General Confederation of Labour in its communication in its comments on the application of Convention No. 111.

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Wage gap, Tripartite Commissions on Equality of Opportunity and Treatment and Women’s Trade Union Quota Act. The Committee notes with interest the activities of the Tripartite Commission on Equality of Opportunity and Treatment for men and women at work (CTIO). It notes in particular that provincial Tripartite Commissions on Equality of Opportunity and Treatment have been established and that these Commissions meet in the Federal Council for the formulation of a joint strategy. One of the priority themes of this body is the gender wage gap. Conceptual, evidence-based and statistical materials are being prepared for this purpose. The strategy is supplemented, according to the Government, by the application of the Women’s Trade Union Quota Act No. 25674, under the terms of which each collective bargaining unit for conditions of work has to include women delegates proportional in number to the quantity of women workers in the branch or activity concerned. It also notes the difficulties encountered in giving effect to this Act. The Committee encourages the Government to continue its efforts to strengthen the activities of the CTIO and to achieve the full application of Act No. 25674 so that women can participate actively in the negotiation of their own conditions of work and remuneration, and it requests it to provide information in this respect.

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

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The Committee notes that communications have been received from the Federation of Government Professional Employees of the Autonomous City of Buenos Aires, dated 4 June 2007 and 2 October 2007. The Committee also notes the communication sent by the General Confederation of Labour of the Republic of Argentina (CGTRA), dated 4 September 2007. The Committee will examine these communications at its next session, together with any comments that the Government may wish to make. The Committee will also examine the Government’s report at its next session due to its late arrival.

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1. The Committee notes that, according to the report, one of the steps taken to reduce the wage gap between men and women has been to ensure the participation of women in negotiating committees for collective labour agreements and other collective agreements. The Government affirms that the social partners’ readiness to negotiate in concrete terms in respect of wage conditions of workers in a wide range of activities has increased and that numerous collective agreements have been concluded. In order to guarantee the effective participation of women, the National Directorate of Labour Relations has issued DNRT No. 32/05, a copy of which was attached to the report, pursuant to which conciliation boards are to verify, prior to a negotiating committee being established, that trade union associations have provided documentation demonstrating compliance with the Female Trade Union Quota Act together with the names of their representatives, from 2001 to 2004. As a result, a 1 per cent increase was recorded in women carrying out executive functions, which included 596 posts for women in executive committees. The Committee would be grateful if the Government would provide information on developments concerning female trade union representation and copies of collective agreements promoting the principle of equal remuneration for work of equal value, as enshrined in Article 1 of the Convention, so that it can examine wage categories in relation to duties and gender, and wage supplements.

2. In relation to its previous comments, the Committee notes that the advisory commission envisaged in section 130 of the General Collective Labour Agreement for the National Public Administration has not yet been established, but that within the framework of equality of collective bargaining in the public sector, wage increases were agreed upon for public administration workers and that this is a step towards the establishment of the corresponding advisory commission. The Committee requests the Government to keep it informed regarding the establishment of the advisory commission. Also noting that the activity of promoting equal remuneration in the public sector has been carried out by the Standing Committee for Labour Relations (COPAR), the Committee asks the Government to keep it informed of COPAR’s activities that promote the principle set forth in the Convention and to include information on wage supplements, in particular in the public sector.

3. The Committee would be grateful if the Government would keep it informed of the activities carried out by the Tripartite Commission for Equality of Treatment and Opportunity between Men and Women in the World of Work (CTIO) to promote the principle set forth in the Convention. Noting that the 2005 action plan envisages the creation of commissions of the same sort in the provinces and the establishment of the Federal Council of CTIOs, the Committee would be grateful if the Government would provide information on the creation of these commissions at the provincial level and on the activities undertaken by such commissions during the period covered by the next report.

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The Committee notes the information in the Government’s report and the appended documentation.

1. The Committee notes that, according to the report prepared by the National Council for Women (CNM) on women, labour and employment, and the report on the application of article 3 of the MERCOSUR Social and Labour Declaration, both of which were attached to the Government’s report, and the report provided by the Government to the Committee on the Elimination of Discrimination Against Women (CEDAW) of 11 February 2002 (CEDAW/C/ART/5), the wage gap between men and women workers has continued and increased significantly to the detriment of women in low-pay sectors. Nevertheless, the Committee notes that the wage gap is decreasing at the middle and higher levels, according to the data of the National Institute of Statistics and Census (INDEC) for the period 1991-2000. The Committee notes that, according to the analysis, the principal causes of wage differences between men and women are the following: the existence of horizontal and vertical occupational segregation; the lower number of weekly hours worked by women (34.81) in comparison with men (46.26); the high concentration of women in unskilled sectors; the lack of vocational training for women; and the existence of prejudices which undervalue the work performed by women. In this respect, the Committee once again asks the Government to provide information on the impact of the activities carried out by the CNM and by the Tripartite Commission for Equality of Treatment and Opportunity between Men and Women in the World of Work, as well as on the effect that the many proposals made concerning the application of article 3 of the MERCOSUR Social and Labour Declaration have in contributing to reducing the wage gap between men and women, especially in the lowest paid sectors, and in increasing the participation of women in the better paid sectors.

2. The Committee once again notes that the Government’s report does not contain any reference to the advisory commission envisaged in section 130 of the General Collective Agreement for the National Public Administration, approved by Decree No. 66/99. The Committee reiterates its previous request and asks the Government to provide information on the activities undertaken by the above commission to promote the presence of more women in sectors involving greater responsibilities.

3. The Committee also reiterates the request made to the Government in its previous comment for the provision of information on the measures adopted or envisaged to increase the awareness of labour inspectors in relation to the application of the Convention.

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The Committee notes the information and the statistical data supplied by the Government in its report.

1. The Committee notes the Government’s affirmation that although the Plan for Equality of Opportunities between Men and Women in the World of Work 1998-1999 was approved by Decree No. 254/98 of 9 March and contained an order directed at the public administration, with the intention of ensuring that in its respective departments relevant measures will be adopted to implement the objectives of the Plan, these were not inserted institutionally with the result that level of implementation has been practically nil. The Government states that only isolated actions took place, including activities for promotion and technical assistance directed at governmental and non-governmental bodies in the Transitory Employment Programme "Community Services" (point 1.1.2 of the Plan). The Committee asks the Government to continue sending information on the activities of the National Council for Women (CNM) and particularly the manner in which application of the Convention is promoted as well as on the results obtained and activities carried out within the framework of the emergency labour programme and particularly in the subprogrammes on community development and productive employment and in the labour intermediation unit programme.

2. With reference to the disaggregation by sex of data referring to the employment market at national level, the Committee notes that the CNM signed an agreement in 1998 with the National Institute of Statistics and Census (INDEC) with a view to working jointly to produce such data. The Committee notes the statistics on the working population classified by sex, occupational category and branch of activity according to total individual income and observes that 34.5 per cent of wage-earning women workers fall between the first and fourth income decile while the percentage of wage-earning men within this interval is 21.3 per cent. Specifically, in wage-earning work it can be said that within the service sector 37.1 per cent of women workers fall within this lowest income section while only 16.3 per cent come within the ninth and tenth deciles. Comparing these figures with the situation for wage-earning men gives 17.6 per cent and 31.5 per cent respectively. The statistics indicate that 38.8 per cent of all non-wage-earning working women come between the first and fourth deciles while the figure for non-wage-earning men in the same section is 24.6 per cent. The Committee observes that a very high percentage of working women, namely 35.6 per cent, comes within the lowest income levels while for men this is 22.3 per cent. It asks the Government to inform it of measures that are being adopted or may be adopted: (1) to ensure that women have access to jobs with higher levels of responsibility and decision and which are better paid, (2) to avoid the occupational categories in which women work being those linked with traditionally female tasks; and (3) to guarantee equal remuneration for work of equal value.

3. The Committee notes that in spite of the meetings held for the purpose of carrying out a training programme on gender matters for labour inspectors, the draft additional protocol to be signed between the CNM and the Labour Inspection Directorate (point 1.5.2 of the Plan) was not adopted. The Committee asks the Government to continue to supply information on training plans and other measures being carried out or planned to make labour inspectors more aware of the gender issue.

4. The Committee notes the relaunching of the Tripartite Commission for equality of treatment and opportunity between men and women in the world of work during November 2000 to promote application of the principle of equality of remuneration between men and women for work of equal value. The Committee asks the Government to supply information about the activities carried out within this Commission. The Committee observes that the report contains no reference to the advisory commission provided in section 130 of the General Collective Agreement for the national public administration approved by Decree No. 66/99. The Committee reiterates its request to the Government to send information about the activities being carried out.

5. The Committee asks the Government to send it a copy of the CNM report on "women and work" for the preparation of the national report which Argentina has to present to the Monitoring Committee of the MERCOSUR socio-employment declaration.

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The Committee notes the information provided by the Government and the attached documentation and statistics. It notes with interest Decree No. 254/98 of 9 March 1998, approving the plan for equality of opportunities between men and women in the world of work (hereinafter referred to as "the plan"), which gives the public administration a clear mandate to take action to give effect to the principle set out in the Convention.

1. The Committee notes the information concerning the difference in the gender composition of the labour force which, according to the attached documentation, reaches 72 per cent of the Duncan index. Taking into account the fact that this situation does not appear to have its origins in the educational levels of the employed population, since in metropolitan Buenos Aires some 31.3 per cent of employed women have completed higher education, compared with 21.3 per cent for males, the Committee would be grateful to be provided with information on the measures adopted by the Government to promote the equal representation of women in employment programmes, including those covering non-traditional activities and the most dynamic sectors of the economy.

2. The Committee notes that, according to the documentation attached to the Government's report, the gender wage gap has narrowed in recent years. The Government also indicates that there are no current statistics on wage levels disaggregated by sex. In this respect, the Committee wishes to draw the Government's attention to its general observation of 1998 on the Convention, in which it requested governments, in order to assist in evaluating the application of the principle set out in the Convention, to provide the fullest possible statistical information disaggregated by sex with regard to points (i) and (ii) of the above general observation. Taking into account paragraphs 1.7.1 and 1.7.2 of the plan, the Committee hopes that progress will be achieved in this respect and requests the Government to keep it informed of the action taken to compile national data on the labour market which are fully disaggregated by sex.

3. The Committee would be grateful to be provided with full information on the manner in which the application of the principle set out in the Convention is promoted and, in particular, on the activities of the National Council for Women, as well as the measures adopted by centralized and decentralized bodies of the National Public Administration with a view to giving effect to the objectives set out in the plan. In this respect, the Committee would be grateful to be provided with information on the activities of the Advisory Commission, established by section 130 of the General Collective Agreement for the National Public Administration, approved by Decree No. 66/99.

4. The Committee notes that during the period under consideration no important judicial rulings were issued or violations reported in matters relating to the Convention. The Committee would be grateful to be provided with information on the functions discharged by labour inspectors in the effective application of provisions respecting equal remuneration.

5. Article 4. The Committee notes with interest that paragraph 1.4.2 of the plan includes among the measures to be taken "coordination with trade union and employers' organizations for the determination of strategies to promote the application of the right to equal remuneration for work of equal value", and recalls the important role which can be played by organizations of employers and workers in applying the principles of the Convention. It therefore requests the Government to indicate in its next report the methods of cooperation and the activities undertaken with the organizations of employers and workers in the country.

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1. The Committee notes with interest the information supplied by the Government in its report in reply to its previous direct request.

2. The Committee also notes certain data contained in the publication Las Mujeres Latino-Americanas en Cifras published by the Spanish Ministry of Foreign Affairs and the Latin American Faculty of Social Sciences (FLACSO) in 1993, which illustrate that, according to the data in the Permanent Household Survey for 1989, when they were employed by other persons, women in urban areas earned 74 per cent of the earnings of employed men, 65 per cent when they were in self-employment and 53.8 per cent in domestic employment.

In this respect, the Committee requests the Government to provide the most recent statistical data available, disaggregated by sex, and to transmit its comments on this information.

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The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee thanks the Government for transmitting the full texts of the rulings of the Supreme Court concerning the application of the principle of equal remuneration for work of equal value and requests the Government to continue to transmit the texts of rulings as well as information on the activities of the labour inspection services in relation to the application of the Convention (violations reported, penalties imposed, etc.).

2. With regard to the financing of the spouse's allowance provided for in section 7 of Legislative Decree No. 18017/68 (which establishes the allowances for employees in commerce, industry and dock work), the Committee notes the Government's statement that the Committee's comments were transmitted to the Secretariat of State for Social Security and that this body took account of the explanations in the 1986 General Survey; it nevertheless found that they are not related to the worker's employment situation and continue to be paid to retired workers once the employment relationship has come to an end. The Committee asks the Government to inform it in its next report of any developments in the approach of the Secretariat of State for Social Security.

The Committee once again trusts that the Government will take the appropriate steps to give full effect to the Convention in the near future and that it will supply information on the progress achieved in this respect.

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The Committee notes with interest the Government's report, the collective agreement of the tobacco industry, No. 175/91 from which all separate mention of the work of women has been removed, and the collective agreements applying in sectors of the economy where there is usually a predominance of women, such as: health, teaching, textiles and the textile and footwear industries, whose provisions apply to both sexes.

The Committee is raising other points concerning the application of the Convention in a direct request addressed to the Government.

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

1. The Committee thanks the Government for transmitting the full texts of the rulings of the Supreme Court concerning the application of the principle of equal remuneration for work of equal value and requests the Government to continue to transmit the texts of rulings as well as information on the activities of the labour inspection services in relation to the application of the Convention (violations reported, penalties imposed, etc.).

2. With regard to the financing of the spouse's allowance provided for in section 7 of Legislative Decree No. 18017/68 (which establishes the allowances for employees in commerce, industry and dock work), the Committee notes the Government's statement that the Committee's comments were transmitted to the Secretariat of State for Social Security and that this body took account of the explanations in the 1986 General Survey; it nevertheless found that they are not related to the worker's employment situation and continue to be paid to retired workers once the employment relationship has come to an end. The Committee asks the Government to inform it in its next report of any developments in the approach of the Secretariat of State for Social Security.

The Committee once again trusts that the Government will take the appropriate steps to give full effect to the Convention in the near future and that it will supply information on the progress achieved in this respect.

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With reference to its previous comments, the Committee notes with interest the Government's statement in its report that collective agreement No. 109/75 for the tobacco industry has been replaced by agreement No. 175/91 (in which former section 17 on the remuneration of women is eliminated) and that agreement No. 25/75 for the clothing industry has been replaced by agreement No. 132/90 (in which no differences are provided for in basic wages nor between the jobs carried out by men and women workers). The Committee requests the Government to supply a copy of the above collective agreements and of any agreements applying to sectors, other than the tobacco and clothing industries, in which women workers are concentrated.

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1. In its previous direct request, the Committee asked the Government to supply information on the effect given in practice to article 14bis of the Constitution and section 172 of the Contracts of Employment Act, in which the principle of equal remuneration is set forth. It also requested the Government to transmit copies of relevant judicial rulings that illustrate the scope currently given to the principle of equal remuneration for work of equal value contained in the Convention and in national legislation. The Committee notes the Government's statement that the rulings of the Supreme Court of Justice are consistent in affirming that arbitrary discrimination, such as that based on sex, race or religion, must not be admitted, although discrimination based on greater efficiency and hard work would not violate the principle of equal remuneration. The Committee also notes the summaries of the judicial rulings supplied with the report which illustrate the application that is being given to the principle of equal remuneration for work of equal value. In this connection, the Committee refers to the comments that it made in paragraphs 44 to 65 of its 1986 General Survey on Equal Remuneration, in which it indicated that the principle of equal remuneration contained in the Convention does not apply only to identical or similar work performed by men and women workers, but also to work of a different nature but of equal value, and that its application cannot be confined to an evaluation of output but should also be based on the application of other criteria. The Committee requests the Government to supply the full texts of the rulings in each of the above-mentioned decisions.

2. In its previous comments, the Committee also requested the Government to indicate whether the employer participates in the financing of the spouse's allowance provided for in section 7 of Legislative Decree No. 18017/68, which establishes the allowances for employees in commerce, industry and dock work. The Committee notes the Government's statement that, as regards Legislative Decree No. 18017/68, and in accordance with the current legal system, family allowances are not considered to be a component of wages or remuneration and, consequently, are not taken into account for the payment of the annual supplementary wage nor for compensation for arbitrary dismissal (section 12 of Act No. 18037). These allowances are social security benefits and not benefits arising out of the work performed, and therefore do not violate either the Convention or the National Constitution as regards the principle of equal remuneration. Futhermore, under the scheme established by Legislative Decree No. 18017/68, employers contribute to the financing of the family allowances system through the payment of contributions that are set at a percentage of the remuneration paid to their employees. In this connection, the Committee wishes to refer to the explanations given in paragraphs 15 to 17 and 88 and 89 of its 1986 General Survey in which the Committee indicates that "the Convention covers all components of remuneration - direct and indirect - which arise out of the employment relationship" and that "allowances paid under social security schemes financed by the undertaking or industry concerned were part of the system of remuneration ... in respect of which there should be no discrimination based on sex". The Committee therefore requests the Government to take appropriate steps to give full effect to the Convention and to supply relevant information in this respect.

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1. The Committee notes the information supplied by the Government in its report.

2. With reference to its previous observation, the Committee notes with interest that the Government brought the Committee's comments on the supposedly discriminatory clauses as regards the remuneration of women to the attention of the signatories to the collective agreements in the tobacco and clothing sectors. The Committee also notes that the parties concerned considered that the agreements do not contain clauses which are discriminatory in spirit; and that in any event the fact that the Committee interpreted them in this way is due to faulty legal wording of the texts in force, and that the parties will endeavour to correct this by rewording the new collective agreements for the tobacco and clothing sectors. In this connection, the Committee refers to paragraphs 226 to 238 of its 1986 General Survey on Equal Remuneration in which it indicates the role of the authorities in supervising the legality of the clauses in collective agreements and the inclusion of the principle of equal remuneration in collective agreements. The Committee hopes that the Government will soon take adequate measures in this respect and requests it to continue supplying information on the progress achieved through the rewording of the new collective agreements in the tobacco and clothing sectors, and on any other measure that has been taken or is envisaged to guarantee the application of the principle of equal remuneration.