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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1(b) of the Convention. Work of equal value. The Committee notes the proposal made to the technical committee responsible for considering the draft revision of the Labour Code, to supplement section 140 of this legislation so that remuneration for men and women workers is set in accordance with the principle of equal remuneration for work of equal value. The Committee also notes that the Government will seek to ensure, within the framework of its consultations with the social partners, that this principle is incorporated into the legislation, and that it will take the necessary measures to improve the understanding of the concept of equal remuneration for work of equal value. The Committee hopes that the revision of the Labour Code will fully incorporate the principle of equal remuneration for work of equal value in the very near future. The Committee asks the Government to continue to keep it informed of the progress made in this respect.

Article 2. Determination of rates of remuneration and allowances without discrimination based on sex. The Committee notes that rates of remuneration are determined by workers’ and employers’ representatives from each sector under the technical supervision of the labour inspectorate. The Committee notes that according to section 149 of the Labour Code, the interoccupational minimum wage is set by decree. It also notes that section 144 of the Labour Code provides that in the absence of a collective agreement, minimum wages by occupational category are set by decree. The Committee notes that the Government has not provided any information on the manner in which the principle of equal remuneration for work of equal value is taken into account in the setting of minimum wages by decree. The Committee draws the Government’s attention to the fact that the minimum wage is an important means of giving effect to the Convention. The Committee, therefore, asks the Government once again to make every effort to provide information on the manner in which the principle of the Convention is being taken into account in minimum wage fixing, and to transmit copies of collective agreements fixing wages in various economic sectors. It also asks the Government to provide information on the steps taken to improve the understanding and application of the principle of equal remuneration for work of equal value within the context of collective bargaining over wages, and on the role of labour inspection in this area.

Article 3. Objective job evaluation. The Committee notes that the Government acknowledges that the undervaluing of or disregard for skills considered as feminine in relation to those traditionally seen as “masculine” and necessitating physical strength must be examined with a view to eliminating discrimination in respect of remuneration for men and women. In this regard, the Committee draws the Government’s attention to the importance of carrying out objective job evaluation in the private and public sectors so as to identify better the wage differences between men and women and differentiate wages in conformity with the principle of equal remuneration for work of equal value. The Committee recalls that such evaluation is foreseen by the Convention as the application of the principle of equal remuneration for work of equal value implies the adoption of some technique to measure and compare objectively the relative value of jobs performed (General Survey of 1986, paragraph 138). The Committee refers in this respect to paragraphs 138–150 of its General Survey of 1986 on equal remuneration, where an explanation is given of the various methods of job evaluation and its use in applying the principle of the Convention. The Committee also draws the Government’s attention to its general observation of 2006, in particular paragraph 5. The Committee asks the Government to provide information on measures adopted in the public and private sectors to promote objective job evaluation methods free from gender bias.

Promotion of the principles of the Convention. In its previous comments, the Committee noted that the Ministry of Family Affairs, the Protection of Children and the Promotion of Women (MFAPCP), non-governmental organizations and women’s associations carry out campaigns to raise women’s awareness through a variety of seminars, debates and workshops. The Committee once again asks the Government to provide details of the activities carried out by the Ministry to reduce wage disparities between men and women and to promote equal remuneration for work of equal value.

Labour inspection. Application of legislation. The Committee notes that the Government has not provided any information on measures taken to promote the application of the Convention through labour inspection. The Committee asks the Government once again to provide specific information on the activities carried out by labour inspectors with regard to equal remuneration and the cases of wage discrimination addressed by them.

Part V of the report form. Statistics. The Committee notes that the Government has not provided any information on the strengthening of the statistical unit attached to the Directorate of Research and Documentation, intended to improve the collection and processing of statistical information. The Committee also notes that the Government has not provided any statistics on the earnings of men and women in different sectors of activity. The Committee recalls the importance of collecting and analysing this type of data in order to enable it to assess the progress made by the Government in applying the Convention and better understand the challenges still to be met. The Committee strongly encourages the Government to continue its efforts to improve the collection and processing of statistical information. The Committee reiterates its request to the Government to provide information on the strengthening of the statistical unit. The Committee asks the Government to provide, in so far as is possible, any available information on the earnings of men and women in different sectors of the economy.