Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Equal Remuneration Convention, 1951 (No. 100) - Algeria (Ratification: 1962)

Other comments on C100

Observation

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Articles 1 and 2 of the Convention. Assessment of the gender pay gap. The Committee notes with interest that, in its report, the Government provides statistical data disaggregated by sex on the average net monthly wages of men and women in 2011, by sector of activity and job category (executives, supervisors, employees etc.). The Committee notes that, according to this data, the overall wage gap is 15.4 per cent in favour of women. The wage gaps in favour of women are found particularly in agriculture and fishing (21.6 per cent), transport and communications (18.4 per cent), construction (17.4 per cent), administration (15.2 per cent) and health (8.4 per cent). The available data also confirms the very low participation rate of women in the formal labour market (5,649,365 men workers and 1,055,171 women workers), which was also emphasized by the Government in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee notes that the wage gap in favour of men is more prominent in real estate and enterprise services (28.4 per cent), “extraterritorial activities” (19.6 per cent), education (7.4 per cent) and especially domestic services (36.6 per cent). The Committee wishes to draw the Government’s attention to the fact that the low participation of women in the formal labour market and the high level of the positions that they occupy may explain these wage gaps in favour of women in certain sectors. Considering the high qualification level of women in the country, they occupy positions in higher categories in certain sectors (particularly sectors in which men are in the majority), and consequently well-paid positions (for example, women represented 27.7 per cent of executives in 2011), which reduces the pay gap between men and women, and even reverses it in favour of women in certain sectors. Moreover, the Committee notes that the data on wages, which are collected regularly from enterprises by the National Statistics Office in conducting the annual survey on wages, are not disaggregated by sex, which means that the trends in the data cannot be monitored regularly. In order to be able to follow the trends in pay gaps over time, particularly given the small but steady increase in the participation of women in the formal labour market, the Committee asks the Government to take the necessary steps to continue to regularly collect and analyse comprehensive data on the remuneration of men and women, by vocational category and in all sectors of economic activity, including the public sector, and to supply this data disaggregated by sex.

Article 2(2). Civil service. Legislation. The Committee recalls that the civil service is governed by Ordinance No. 06-03 of 15 July 2006, which prohibits all discrimination, particularly on the grounds of sex (section 27), but does not contain any provisions on equal remuneration for men and women for work of equal value. The Committee recalls that, in the absence of a clear legislative framework, it is particularly difficult for men and women workers to assert their right to equal remuneration for work of equal value vis-à-vis employers, the relevant bodies and the courts. The Committee once again asks the Government to examine the possibility of amending Ordinance No. 06-03 of 15 July 2006 issuing the General Civil Service Regulations, in order to incorporate a provision explicitly providing for equal remuneration for men and women for work of equal value. It also asks the Government to take the necessary steps to assess the pay gaps between men and women in the civil service and to raise awareness among public officials and their organizations, as well as personnel managers, of the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective evaluation and classification of jobs in the civil service. The Committee notes that the Government’s report contains no new information in this regard. It notes that the Government reiterates that the General Civil Service Regulations are based on a system of classification and remuneration, and that these establish a classification method based on an objective and measurable criterion, namely the level of qualification as attested by degrees, diplomas and training courses. The Government once again indicates that the planned system is intended to renew the focus on qualifications, competence and personal merit, and that remuneration is fixed for each post, regardless of the sex of the person occupying it. The Committee recalls that, despite the existence of salary scales applicable to all public officials, without discrimination on the grounds of sex, pay discrimination in the public service can arise from the criteria applied in classifying jobs and from an undervaluation of the tasks performed largely by women, or from inequalities in certain supplementary wage benefits (allowances, benefits etc.). The Committee considers that the planned classification system, as it is based on a single criterion (qualification level), does not allow for the objective assessment of the post itself and could effectively result in the undervaluation of certain tasks, and in general, certain jobs that are largely performed by women. The Committee recalls that an objective job evaluation process, which aims to establish a classification and determine the corresponding remuneration, entails an evaluation of the nature of the tasks that each job involves, in terms not only of qualifications but also of the skills, effort (mental as well as physical) and responsibility that the post requires, and the working conditions of the post. Furthermore, often when equal remuneration for work of equal value is not one of the objectives explicitly envisaged by the evaluation and classification method, there is a risk that this method may reproduce sexist stereotypes relating to the vocational capacities and aspirations of women (see General Survey on the fundamental Conventions, 2012, paragraphs 700–703). The Committee once again requests the Government to review the job evaluation and classification method to ensure that the classification of jobs and the applicable salary scales in the public service is free of any gender bias and does not result in undervaluation of jobs mainly occupied by women. It also requests the Government to encourage the use of job evaluation methods based on objective criteria, such as skills and qualifications, effort, responsibility and working conditions. The Government is also requested to provide information, disaggregated by sex, on the respective categories of personnel (A, B, C and D) in the public service. The Committee recalls that the Government can avail itself of the technical assistance of the Office.

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