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

1. Articles 1 and 2 of the Convention. Application in the private sector. The Committee recalls its previous comments concerning sex-based wage discrimination in the female-dominated textile sector and informal manufacturing industries, as reported by the International Confederation of Free Trade Unions (ICFTU) in 2003 and confirmed under the pilot programme to promote decent work in the textile and clothing sectors carried out with ILO assistance. In this context, the Committee asked the Government to provide information on the activities under the pilot programme’s action plan to address wage inequalities and to promote the principle of equal remuneration for men and women for work of equal value. It also asked the Government to provide information on how the relevant laws and regulations are being enforced in these sectors.

2. The Committee notes that a tripartite seminar was held in June 2006 on the promotion of fundamental rights at work, which included on the agenda gender equality in employment, remuneration and working conditions. The Committee further notes the Government’s statement that labour inspectors insist on non-discrimination in respect of payment of wages and seniority increments, particularly in the textile sector and that infringements are brought before the competent courts. The Government states that under a new methodology for interventions, labour inspectors are specifically called upon to monitor the principle of equal remuneration for work of equal value, introduced by section 346 of the Labour Code, and to encourage social partners to implement the principle when determining remuneration. The statistical information provided by the Government indicates that 642 contraventions concerning the payment of wages were addressed by labour inspectors in 2005. The Committee asks the Government to provide further information regarding the following:

(a)   the type of contraventions concerning remuneration identified by labour inspectors and the manner in which they have been remedied, including indications as to whether any of these cases related specifically to section 346 of the Labour Code;

(b)   the new methodology for labour inspections concerning equal remuneration and information on experiences in applying this methodology in practice;

(c)   the measures taken to ensure that the principle of equal remuneration for work of equal value, as provided for under section 346 of the Labour Code, is respected in the determination of wages and benefits. Noting that direct or indirect discrimination with respect to wages and other benefits, particularly in the textile sector, may be due to the fact that the work experience of women is less valued while seniority may be overweighted as a criteria for determining remuneration, the Committee asks the Government to provide any examples of measures taken by enterprises or social partners to ensure compliance with section 346 of the Labour Code, such as the use of objective job evaluation methods or reviews of wage scales. Please also provide information on the manner in which seniority increments are granted;

(d)   whether the courts have decided any cases concerning discrimination in respect to remuneration based on sex involving sections 9 or 346 of the Labour Code, and the outcome thereof; and

(e)   any measures taken to address discrimination in remuneration in the informal manufacturing sector.

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