Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2. Equal remuneration for work of equal value. The Committee previously noted that the Government has prepared a draft decree concerning the conditions of work for women, which includes a section stating that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be the same as their male counterparts (section 9). The Committee noted that such a provision, while incorporating the concept of work of equal value, would not appear sufficient to ensure that all aspects of remuneration have to be provided to men and women on an equal basis, because it is specifically limited to remuneration for “hours of work and supplementary hours”. The Committee asks the Government to ensure that article 9 of the draft decree is revised to bring it into line with the Convention, along with section 86 of the Labour Code.

Family allowances. The Committee recalls its previous comments concerning section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In this regard, the Committee suggested that married couples should be given the opportunity to choose which spouse will receive the benefit. Recalling that the Government indicated its intention to amend section 21(3), the Committee asks the Government to provide information on the progress made in this regard.

Article 2(b). Minimum wages. The Committee notes Decree No. 08/040 of 30 April 2008 fixing the inter-professional guaranteed minimum wage, the minimum family allowance, and accommodation allowance. The Decree established minimum wage rates according to levels of qualification. The Committee asks the Government to indicate whether the competent authorities have identified and addressed any cases of non-payment of these wage rates, and the extent to which these cases concerned women workers.

Article 2(c). Collective bargaining. The Committee asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement (NICLA), for examination by the Committee.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the National Labour Council has not yet adopted a general job classification as provided for in section 90 of the Labour Code. The Committee asks the Government to provide information on any further progress made in this regard, and asks the Government to ensure that any future general job classification is established on the basis of objective criteria.

Statistical information. The Committee asks the Government to provide information on the earnings of men and women, as soon as such data are available.