Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Trade union comments. The Committee notes the comments made by the National Confederation of Senegalese Workers (CNTS) concerning the application of the Convention, which were forwarded by the Government in a communication dated 26 October 2006. CNTS considers that women receive lower remuneration than men for work of equal value due to family-related fiscal advantages being granted only to men. In its reply, the Government states that family status may influence the level of remuneration and that the question of equal remuneration in this context is under examination. The Committee asks the Government to provide further information on this matter and the measures taken to promote and ensure the full application of the principle of equal remuneration for men and women for work of equal value.

2. Articles 1 and 2. Equal remuneration for work of equal value. The Committee recalls that section 105 of the Labour Code provides that, in equal working conditions, professional qualifications and output, the salary shall be equal for all workers irrespective of origin, sex, age or status. The Committee stated previously that, while criteria such as a worker’s skills or output allow a comparison of the tasks performed by different persons carrying out work of the same or similar nature, they do not provide a sufficient basis for the application of the principle laid down in the Convention, particularly where men and women, in practice, carry out work which is of a different nature but nevertheless of equal value. The Committee asks the Government to indicate in its next report whether any measures have been taken to bring section 105 of the Labour Code into full conformity with the Convention. The Committee also asks the Government to provide information on the practical application of section 105 of the Labour Code, including information on any violations found by the labour inspectorate, and remedies provided, as well as relevant court decisions.

3. Article 3. Objective job evaluation. The Committee recalls that in the public service, job categories and grades are based on the level of the required diploma, and the length of the training or education received. It notes the statistical information provided by the Government concerning the distribution of men and women in the different job categories and grades, and the level of remuneration attached to them. Regarding the private sector, the Government stated in a previous report that the criteria used by the tripartite interoccupational commission to determine wages were based on the characteristics of the post and qualifications of the worker. The Committee notes that criteria such as educational attainment are unrelated to sex and may thus be used in the determination of remuneration. However, the Committee also recalls that the Convention emphasizes the work or tasks actually performed as a basis for analysing and classifying jobs with a view to determining remuneration, which presupposes the use of some method to evaluate jobs in an objective manner. Particular care must be taken to ensure that there is no gender bias in the selection and weighting of criteria, as criteria traditionally associated with “female” jobs are often undervalued. The Committee therefore asks the Government to indicate in its next report any measures taken to promote objective job evaluation on the basis of the work performed in the private and public sectors.

4. Statistical information. The Committee asks the Government to provide full statistical information on the remuneration received by men and women, in the different sectors and branches of economic activity, as soon as such data becomes available.