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

Further to its observation, the Committee requests the Government to provide information on the following points.

1.  Article 1(a) of the Convention. The Committee notes that section 118(2) of the Labour Code excludes from the definition of wages certain payments "provided in relation to employment pursuant to other provisions of the Act, or special regulations", such as wage compensation, severance payments, contributions from the social fund, revenues from capital shares or bonds, compensation for stand-by duty, payments made by the employer from profits after taxation. The Committee notes the Government’s statement that payments other than wages, as defined in section 118 of the Labour Code, are to be provided under the conditions laid down by law, without discrimination on the basis of sex. The Government also states that wage compensation, severance payments and compensation for stand-by duty are included in the definition of remuneration. It thus appears that revenues from capital shares or bonds and payments made by the employer from profits after taxation are not to be considered remuneration and are therefore not covered by section 6. Noting that the provisions of the Labour Code refer to "wages" and "remuneration" without defining the latter concept, the Committee hopes that the Government will consider including a statutory definition of remuneration in the Labour Code, in line with Article 1(a) of the Convention. The Committee also asks the Government to clarify how the Labour Code, or any other "special regulation" referred to in section 118(2), ensures that all payments whatsoever arising out of employment are made in accordance with the principle of equal remuneration for men and women for work of equal value, particularly those payments which are not calculated on the basis of the average wages and those which currently appear not to be considered as remuneration.

2. The Committee notes from the Government’s report that by including section 119(3) in the Labour Code the supervisory competence of the National Labour Inspectorate was extended to cover equal treatment of men and women with regard to remuneration and that information material for labour inspectors concerning the principle of the Convention has been prepared. Please provide information on the activities of the labour inspectors with regard to equal pay, including the material provided to them and the number and nature of cases involving violations of equal pay provisions found and the action taken to address them.

3. With reference to its previous comments, the Committee notes the information provided on the Coordination Committee for Women’s Issues (CCWI) which is an expert advisory body to the Ministry of Labour, Social Affairs and Family made up of representatives from various bodies and institutions, including employers’ and workers’ organizations. The Committee coordinates the realization of the National Action Plan for Women adopted in 1997 for a period of ten years, which includes measures to monitor and analyse the earnings of men and women and to eliminate causes of "different income for equal work". The CCWI would appreciate receiving information on the specific activities carried out by the CCWI promoting the application of the Convention and their impact, including in relation to the National Plan of Action.

4. The Committee recalls its comments concerning the application of the principle of equal pay for work of equal value in the context of the wage-fixing machinery. In this regard, the Committee notes that the Government intends to amend Act No. 90/1996 concerning minimum wages to prohibit gender discrimination in respect to the provision of minimum wages. The Committee also notes that Ordinance No. 43 of 1992 for setting the minimum salary and bonus rates for working in complicated and hazardous environments and for night shifts has been repealed by the Labour Code. In this respect, it is noted that under section 120 ("minimum wage claims") of the Labour Code employees whose remuneration is not regulated in a collective agreement are to be paid a wage at least in the amount of the so-called "minimum wage claim" which is calculated on the basis of the minimum wage decreed by the Government and a multiplier chosen according to the complexity of tasks performed. There are six multipliers corresponding to the six categories of workplace complexity described in the Labour Code’s annex. The Committee asks the Government to keep it informed on the progress made towards amending Act No. 90/1996 as indicated above and on the application of section 120 of the Labour Code, including indications on the number of men and women remunerated according to various levels of minimum wage claims.

5. The Committee thanks the Government for submitting further copies of collective agreements and notes that these are formulated in a gender-neutral manner. The Government is asked to provide information on any cooperation with employers’ and workers’ organizations undertaken to promote the application of the Convention, including in particular in the context of collective bargaining.