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

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 1 of the Convention. 1. The Committee noted, from the information supplied by the Government in its previous reports, that in addition to housing and basic foodstuffs, as provided in section 9 of the Labour Code, workers are entitled to other benefits depending on their jobs. It therefore requested the Government to supply information on the nature of these benefits, and to transmit copies of the legislation or collective contracts under which they are provided.

The Government indicates in reply that the above benefits are composed of elements such as the quarterly bonus, the seniority bonus, the "shopping basket" bonus and the transport bonus; however, the copies of the legislation requested by the Committee were not received with the report. The Committee hopes that the Government will transmit a copy of these texts with its next report and that it will also indicate how these bonuses are awarded to both men and women according to the principle of equal remuneration set forth in the Convention.

2. The Committee once again requests the Government to supply a copy of Decree No. 60-55 MFP of 30 March 1960 containing regulations on the remuneration and the various material benefits accorded to officials in state administrations and public establishments, as amended by Decree No. 82-03/PCMS/MF, which was not received either with the last report.

Article 2. 1. In its previous reports, the Government stated that the minimum wages fixed by national legislation (without discrimination based on sex) are substantially exceeded in practice. The Committee noted this statement and requested the Government to provide information on the measures ensuring application of the principle of equal remuneration in respect of wages exceeding the legal minimum. It also requested the Government to transmit copies of collective agreements and in particular those covering sectors employing a high proportion of women.

The Government indicates in its last report that the proportion of wages exceeding the minimum rates are subject to contract negotiations and are fixed by the parties concerned by common agreement. It adds that the Labour Inspection services are responsible for ascertaining that wages fixed in this manner are (under equal working conditions, vocational qualifications and output) equal for all workers, irrespective of their origin, age, sex and status. Furthermore, all sectors are subject to the inter-occupational collective agreement and there are no specific agreements covering the sectors that employ a high proportion of women.

The Committee notes this information and requests the Government to supply a copy of the inter-occupational collective agreement that is currently in force, as well as a copy of the scale of wages exceeding the legal minimum that are applicable to the various categories of workers without discrimination based on sex.

2. The Committee observes that in accordance with national legislation (section 90 of the Labour Code) equal remuneration without discrimination based on sex is payable only under "equal working conditions, vocational qualifications and output", whereas, in accordance with the Convention, equal remuneration between men and women workers should be based on work of "equal value". (Please refer in this connection to the explanations given in paragraphs 20 to 23 and 52 to 70 of the General Survey of 1986 on Equal Remuneration.)

The Committee therefore requests the Government to indicate how the application of the principle of equal remuneration in the meaning of the Convention is ensured particularly when, in practice, men and women are employed in jobs of a different nature but of equal value.