Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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 notes with interest from the detailed information supplied by the Government in reply to its previous comments the progress achieved in implementing the principle of equal remuneration for men and women workers for work of equal value.

With regard more particularly to section 75 of the new General Labour Act (Act No. 8 of 1985), which enshrines this principle, and Decree No. 5/87 of 30 January 1987, and with reference to the evaluation of various jobs on the basis of the qualifications required to perform them, the Committee requests the Government to refer to its observation.

The Committee also requests the Government to provide in its next report information on the practical effect given to the above provisions and to indicate whether, in the various categories of jobs established by the Ministry of Labour which appear in the documents transmitted with the report ("Qualificador de ocupaóôes comuns de opérários y empregados" and "Qualificador de ocupaóôes comuns de tecnicos"), there are categories of jobs performed exclusively or principally by women and, if this is the case, to specify the wage rates applicable to them amongst the rates laid down in Decree No. 5/87, as modified by Ministerial Orders Nos. 22/87 and 72/87.

The Committee also requests the Government to provide details of the way in which effect is given to the principle of equal remuneration for work of equal value in the meaning of the Convention, particularly in cases where men and women in practice perform work of equal value although under differing contractual conditions. (Section 75, paragraph 2, of the 1985 General Labour Act refers, in this case, to "identical" contractual conditions.)

2. The Committee notes that by virtue of section 88 of the General Labour Act, employees appointed to managerial positions or confidential posts shall draw salaries corresponding to those posts. The Committee requests the Government to indicate whether women are appointed to such jobs and, if so, how effect is given in their case to the principle of equal remuneration set forth in the Convention, particularly with regard to the additional payments and bonuses provided for in sections 83 and 84 of the above Act.

3. The Committee notes that in accordance with section 1, paragraph 5, of the General Labour Act, the employment relations of public servants are governed by special rules; it therefore requests the Government to supply a copy of these rules with its next report and of any other documents which make it possible to assess the way in which effect is also given to the principle of equal remuneration for men and women in the public administration.