Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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 draft Constitution of the Democratic Republic of the Congo, particularly article 49, which establishes that "the State shall ensure the elimination of all discrimination against women and the protection of their rights". The Committee would be grateful if in its next report the Government would provide information on the current status of the draft Constitution and would send a copy of it once it has been adopted.

2. In its previous comments on articles 21, 27 and 37 of the new national interoccupational collective labour agreement of 1995, the Committee asked the Government to provide information on the application of the principle of equal remuneration to statutory family allowances and other benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. The Committee also asked the Government to report on any measures taken or envisaged to bring section 4(h) into conformity with Article 1(a) of the Convention when the Labour Code was next revised. While noting the Government’s reply that these two matters were submitted to the 29th session of the National Labour Council, the Committee notes that the Government has not sent any specific reply to the comments. It further notes that new section 4(h) of the draft revised Labour Code continues to exclude these allowances and benefits from the definition of remuneration. Consequently, the Committee requests the Government once again to provide details of the application of the principle of equality of remuneration to the allowances and benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. It also hopes that section 4(h) will be amended so as to give full effect to the Convention.

3. The Committee also notes that section 21(3) of Legislative Ordinance No. 88-056 of 29 September 1988 regulating the activities of magistrates provides that a woman magistrate is not entitled to family allowances where her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In order to make the regulations more consistent with the provisions of the Convention and avoid paying family allowances twice, the Committee suggests that the Government should allow couples who are entitled to family allowances to decide for themselves which of them is to receive the allowance, rather than applying the principle that the allowances are to be paid automatically to the father of the family.

4. The Committee notes from the Government’s report that the new draft of the Labour Code advocates that every enterprise should use a classification for all junior positions from workers to managerial staff (section 80). According to the Government, at its 29th session the National Labour Council concluded that with the adoption of this new provision, discrimination between men and women would no longer be possible in that wages are to be paid according to occupational category and not output. The Committee notes, however, that section 76 (former section 72) of the draft Labour Code continues to refer to "equal conditions of work, vocational qualifications and output". It also draws the Government’s attention to the fact that the principle of equal remuneration laid down in Article 1 of the Convention implies the principle of "work of equal value", which, by making the "value" of the work the point of comparison, goes further than mere "equal conditions". The Committee would therefore be grateful if the Government would indicate that, in revising the Labour Code it intends to amend the provisions of section 76 in order to bring them into conformity with Article 2 of the Convention. Please also provide information on the measures taken or envisaged to bring about equal remuneration, in practice, between male workers and female workers, particularly where their work is different but of equal value.

5. The Committee notes that at its 29th session, the National Labour Council adopted an occupational classification covering workers and managerial staff and establishing a single salary scale ranging from one to ten. The Committee is still hoping to receive a copy of the new general classification of occupations, which, according to the Government, is to apply to the public sector and the private sector. The Committee also asks the Government to provide information on the impact of this classification on equality of remuneration between men and women.

6. The Committee notes the Government’s statement that the draft revised Labour Code provides for the establishment of the National Employment Office, which will be responsible for collecting and analysing statistical data. Noting that the Government is experiencing problems in this area due to the present situation in the country, the Committee appreciates the request for technical assistance from the Office, and hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations and of any other appropriate body, to collect and analyse statistical data on minimum wage rates and the average earnings of men and of women.