Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Madagascar (Ratification: 1962)

Other comments on C100

Observation

Direct Request

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The Committee notes the observations made by the General Confederation of Workers’ Unions of Madagascar (FISEMA), of 22 August 2013, and the observations of 30 August 2013 of the Christian Confederation of Malagasy Trade Unions (SEKRIMA). The Committee invites the Government to provide its comments on the issues raised by the FISEMA and the SEKRIMA.

Gender pay gap. The Committee notes the observations of SEKRIMA that wage discrimination against women working in the private sector is particularly significant. It notes the Government’s indication that there is no pay gap in cases where workers, regardless of their sex, are in identical posts or jobs and have the same qualifications. The Committee draws the Government’s attention to the fact that, in accordance with the Convention, equal remuneration applies not only when workers have identical posts or jobs, but also when they have different jobs that are of equal value. It also recalls that inequalities of remuneration can result from a number of factors, including from horizontal and vertical occupational segregation which confines women to the lowest paid jobs and occupations. In respect of the public sector, even if the basic salary is often equal, inequalities may nevertheless persist due to the criteria and methodology used to classify jobs, particularly due to the underevaluation of jobs in which women are concentrated. Inequalities of remuneration can also result from disparities in the payment of certain additional benefits, such as housing benefits. The Committee requests the Government to provide information on any measures taken to identify and eliminate the causes of unequal remuneration between men and women, and particularly occupational sex segregation and the underevaluation of jobs generally held by women. It again asks the Government to take the necessary measures to gather data showing the number of men and women working in the private and public sectors (by category) as well as information on the earnings of men and women in the different economic sectors, including the public sector, and the various occupations, and to provide these data, together with any analyses or studies on the subject.

Article 2 of the Convention. Collective agreements. In its previous observation, the Committee noted that the Air Madagascar collective agreement, concluded on 28 April 2010, provides that the age of retirement for women may be brought forward to 55 years “under the conditions envisaged by the National Social Insurance Fund (CNAPS) and at the request of the person concerned”. It asked the Government to indicate the reasons why the possibility of taking retirement at 55 years, envisaged by the new collective agreement of 28 April 2010, is only open to women. The Committee notes the Government’s indication that, following the adoption of Decree No. 2013-337 of 14 May 2013, the retirement age is fixed at 60 years for all men and women employees in all enterprises governed by the national legislation that is in force, including Air Madagascar. The Committee requests the Government to indicate whether the provisions enabling women to retire at 55 years in the collective agreement with Air Madagascar, in which the State is a majority shareholder, are still applicable and, if so, requests it to take the necessary measures to have clause 64 of this agreement reviewed with a view to affording the opportunity of early retirement to men and women on an equal footing. The Committee also requests the Government to provide information on the effects in practice of this provision on the old-age benefit received by women.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the unions of public employees have undertaken a study on the harmonization of the professional index of public employees, which is based on the principle of equal remuneration for men and women public employees in the same category, with identical career paths but in different jobs. The draft decree is before the competent authorities. The Committee requests the Government to send a copy of the decree once it has been adopted and again asks it to provide information on any measures taken or envisaged to encourage the development and use of methods to evaluate jobs on the basis of the work involved, in the public and private sectors, in order to give effect to the principle of equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. Monitoring and enforcement. The Committee notes that, according to the Government’s indications, labour inspectors have not received training on equal remuneration and that no violations have been noted by the inspection services during inspections. The Government indicates that it will consider all proposals of ILO technical assistance to strengthen the capacities of the labour inspectors in this regard. The Committee notes the observations of the FISEMA that the application of the principle of equal remuneration is particularly difficult to verify as in most cases, pay records are confidential. The organization also emphasizes that the reports of the labour inspectorate on the inspections carried out should be made available to be able to assess the effect given to provisions of the Labour Code on this subject. The Committee requests the Government to take the necessary measures, including in terms of resources, for the training of labour inspectors and controllers, and magistrates, so that they are better able to deal with violations of the principle of equal remuneration, and asks it to provide information on the measures taken in this regard. It also asks the Government to continue to provide information on the inspections carried out by labour inspectors and controllers in enterprises on the issues addressed by the Convention (violations reported, sanctions and prosecutions) and any extracts of relevant reports, as well as any court decisions handed down on this subject.