Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 with interest the Presidential Legislative Order of 9 March 1995 to promulgate the Labour Code (Act No. 5 of 1995). It notes in particular that, under section 2 of the Code, the term "worker" covers, without distinction, men and women who work for an employer in consideration of a wage; that section 5 prescribes equality, inter alia, of working conditions without discrimination on grounds of sex; and that section 42 prescribes equality between men and women in respect of specific working conditions, including wages and social security.

2. The Committee also notes that wage scales and categories for particular jobs shall be determined according to the volume and type of work involved in accordance with certain criteria set out in section 54 of the Labour Code. It notes, however, that under section 67 women are entitled to wages equal to those of men "if they perform the same work under the same conditions and specifications", whereas equal remuneration for Yemenis and non-Yemenis is based on the more general criteria of working conditions, qualifications, experience and competence, no reference being made to the notion of "same work". The Committee observes in this connection that the principle of equal remuneration is not applied according to the same criteria for foreign workers as for women workers. The Committee accordingly stresses that equality of remuneration between men and women within the meaning of the Convention applies to work of equal value. In point 1 above, it noted with interest section 42 of the new Code which does reflect, generally, the Convention's intent as to the scope of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate in its next report whether any measures have been taken or are envisaged to give effect to the principle of the Convention, particularly in the implementation of sections 54 concerning wage scales and job classification, and 109, which provides for regulations to determine the jobs to be appraised in terms of skill levels, of the Labour Code.

3. The Committee asks the Government to provide statistical information in its next report on the percentage of men and women in different jobs, in both private and public sectors, and on their respective wage rates; to keep the Office informed of any measures that have been taken or are envisaged to give effect to the principle of the Convention, and to provide copies of any relevant laws and/or regulations.