Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Côte d'Ivoire (Ratification: 1961)

Other comments on C100

Observation

1996

Direct Request

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Article 2(2)(a) of the Convention. Legislation. The Committee notes that, according to the Government’s report, the preliminary draft of the new Labour Code is currently being validated by the Labour Advisory Council (CCT). Recalling its previous comments in which it noted that the principle of equal remuneration for work of equal value was included in the draft of the new Labour Code, the Committee trusts that the Government will soon be able to provide information on the progress in adopting this new Labour Code and to send a copy once it has been adopted.

Articles 2 and 4. Collective agreements and cooperation with the social partners. Regarding section 44 of the Inter-Occupational Collective Agreement of 19 July 1977, which provides that “all workers, regardless of their origin, age, sex and status, shall receive equal pay for equal conditions of work, qualifications and output ...”, the Government states that once the new Labour Code has been adopted, it will envisage revising this collective agreement to bring it into compliance with the Labour Code. It adds that it is continuing its awareness-raising activities to promote better understanding and application of the Convention. While noting this information, the Committee nevertheless recalls that, under section 72.2(7) of the Labour Code in force, collective agreements are required to contain clauses concerning the means of applying the principle “equal pay for work of equal value” for women. The Committee asks the Government to take the necessary measures, in cooperation with the social partners, to revise the Inter-Occupational Collective Agreement of 19 July 1977 so that it fully reflects the principle of equal remuneration between men and women for work of equal value. It also asks the Government to provide information on the application of section 72.2(7) of the Labour Code in practice and to send extracts of collective agreements containing clauses concerning the means of applying the principle of equal remuneration for work of equal value.

Article 2(2)(b). Minimum wage fixing. The Government specifies that, when fixing and revising minimum wages in the private sector, the CCT and joint committees take account of the principle of equal remuneration for work of equal value. While noting this information, the Committee asks the Government to specify the methods and especially the criteria used when determining or reviewing minimum wages in the context of the CCT and the joint committees to ensure that men and women workers receive equal remuneration for work of equal value.

Article 3. Objective job evaluation. In its previous comments, the Committee welcomed the agreement between the Government and employers’ and workers’ representatives on the drafting of annexes to the Inter-Occupational Collective Agreement of 19 July 1977 concerning occupational classification, which had been reached as a result of the recommendations of the 2007 social pre forum. It also noted that the social pre-forum had advocated carrying out a job evaluation study. In this respect, the Government states that it takes note of the Committee’s recommendations on the use of objective criteria free from any gender bias and adds that it will provide more detailed information in due course. As regards the drafting of the annexes to the Inter-Occupational Collective Agreement of 1977 concerning occupational classification, the Committee requests the Government to take the necessary measures to encourage the social partners to use objective criteria for evaluating and classifying jobs that are free from gender bias, and asks it to provide information on the method applied and criteria used. Furthermore, the Committee reiterates the hope that the Government will soon be in a position to conduct the job evaluation study and encourages it to establish the conditions necessary for carrying it out, by gathering and compiling data on remuneration, disaggregated by sex and by job category, within the same economic sector and in different sectors. The Government is asked to provide information on the steps taken in this respect.

Labour inspection. The Committee notes that, according to the statistical data submitted by the Government on labour inspections, no violations of equal remuneration have been recorded by the labour inspectors. The Committee also notes that labour inspectors have received training on wage discrimination in the context of the Programme to Support the Implementation of the ILO Declaration (PAMODEC). The Committee encourages the Government to continue training labour inspectors and providing them with adequate means to enable them to monitor the application of the principle of equal remuneration for men and women for work of equal value in enterprises. It also asks the Government to provide information on the labour inspectorate’s activities specifically concerning equal remuneration between men and women, both as regards the prevention of unequal remuneration and the punishment of violations in this area.

Practical application. Evaluation of gender pay gaps. The Committee notes the sectoral wage scale submitted by the Government and notes that it applies to both men and women, without any distinction. The Committee observes, however, that these data are inadequate to be able to identify any possible pay gaps between men and women and to assess the application of the Convention. The Committee asks the Government to take measures to determine the nature, extent and causes of inequalities in pay that exist in practice. It also asks the Government to provide available information on the breakdown of men and women by sector of activity and by occupation, in both the public and private sectors, and on their respective remuneration levels.