Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2 of the Convention. Application in the private sector. In its previous observation, the Committee had noted the communication by the International Confederation of Free Trade Unions (ICFTU) alleging wage discrimination in the female-dominated export-oriented textile and informal manufacturing industries, including the non-payment of minimum wages and supplementary hours of work. Having noted the absence of a government reply to the alleged wage discrimination in these industries, the Committee had requested information on the specific measures taken to ensure the application of the minimum wage legislation in these industries and to provide information, including statistics, on the manner in which the principle of equal remuneration between men and women for work of equal value, including the payment of additional allowances, was applied.

2. The Committee notes with interest that Act No. 65-99 on the new Labour Code has entered into force and that sections 9 and 346 of the Code prohibit discrimination based on sex in a number of areas, including wage discrimination between men and women for work of equal value. It also notes that a pilot programme to promote decent work is being implemented with ILO assistance in the textile and clothing industries. Noting that the action plan to promote decent work in this sector aims at eliminating all forms of discrimination between men and women, the Committee asks the Government to provide information on the activities under the action plan to address existing wage inequalities in the sector and to promote the principle of remuneration between men and women for work of equal value.

3. Enforcement. Noting the Government’s statement that the Labour Inspectorate monitors the application of the provisions of the Labour Code and that regular inspections are carried out in the textile and clothing industries, the Committee asks the Government to indicate in its next report the manner in which the Labour Inspectorate ensures that sections 9 and 346 of the Labour Code are applied in the textile and clothing industry, as well as in the informal manufacturing industries. Please also provide information on the contraventions detected and the remedies provided.

4. Article 2. Equal remuneration in the public sector. In its communication of 2003, the ICFTU had also maintained that wage discrimination, including in respect of leave benefits, existed in the public service where women were concentrated in a few occupational categories and under-represented in management positions or posts of responsibility. The Government, in reply, had referred to the various legislative texts providing for equality between men and women in access to the public service and indicated the progress made with regard to the access of women to high-level posts in the public sector. While appreciating the progress made, the Committee had stressed that equal pay legislation and gender-neutral salary scales, while being essential steps, are not sufficient in themselves to apply the Convention. It had also noted that the number of women in high-level positions remained low and had encouraged the Government to continue its efforts to implement specific measures to promote the recruitment of women to all categories in the public service.

5. The Committee notes the Government’s statement that the concentration of women or men in certain job categories is explained, not by preferences based on sex, but by the free choice of the person concerned to opt for a certain function in the public service because of his or her qualifications. The Committee points out that discrimination is often not caused by legal restrictions but rather flows from social stereotypes that deem certain types of work as suitable for men or for women. As a result, persons may apply for a job based on work they are deemed to be suitable for rather than on actual ability and interest. Such stereotypes, based on traditional assumptions concerning gender roles in the labour market and in society, including those assumptions relating to family responsibilities, channel women and men into different education and training and subsequently into different jobs and career tracks. This occupational gender stereotyping results in certain jobs being held almost exclusively by females with the pernicious effect that "female jobs" are often undervalued for purposes of wage rate determination, regardless of the actual skill, effort and education required in the performance of these jobs. Therefore, the Committee refers in this regard to its comments on the application of Convention No. 111 in the public service and asks the Government to provide information with its next report on the specific measures taken to promote the recruitment of women to all categories in the public service with a view to reducing wage inequalities between men and women.

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