Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes with satisfaction that the new Labour Code (Act No. 1337AN/05/5ieme of 28 January 2006) provides in section 137 that an equal salary is due for work of equal value, irrespective of workers’ origin, sex, age, status or religion. Section 136 defines the term “salary” as including the basic salary, irrespective of its denomination and method of calculation, and any other emoluments whatsoever payable directly or indirectly, whether in cash or in kind by the employer and arising out of the worker’s employment. Section 289 provides for the payment of fines from FD500,000 to FD1,000,000 for violations of section 137. The Committee asks the Government to provide information on the implementation and enforcement of section 137 of the new Labour Code, including information on the measures taken or envisaged to raise awareness of these provisions among workers and employers and their representatives and public officials responsible for the enforcement of the labour legislation. In this regard, the Committee also asks the Government to provide information on whether any cases concerning section 137 have been dealt with by the responsible authorities and the manner in which they have been resolved, including any remedies provided or sanctions imposed.

Article 2(c). Collective bargaining. The Committee notes from the Government’s report that salaries in the private sector are determined by way of collective agreements. Section 258 of the new Labour Code provides that collective agreements may determine the salary applicable to each occupational category. Section 259(4) provides that collective agreements cannot change the modalities of the application of the principle of “equal salary for equal work”, irrespective of the origin, sex or age of the worker. The Committee notes that section 259 is not in conformity with the Convention as it refers to equal salary for equal work rather than to equal salary for work of equal value, and is also at variance with section 137 of the Labour Code. The Committee asks the Government to take the steps necessary to amend section 259(4) to bring it into alignment with the provisions of section 137 and to bring it into conformity with the Convention.  The Committee also asks the Government to provide examples of collective agreements, as well as indications as to how the agreements implement the principle of equal remuneration for men and women for work of equal value.

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