Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Other comments on C100

Observation

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Article 1 of the Convention. Work of equal value. Legislation. Since 2007, the Committee has been emphasizing that section L.105 of the Labour Code, which provides that “where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, irrespective … of gender”, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention. In its previous comments, the Committee recalled that, in accordance with the Convention, men and women workers are entitled to equal remuneration, not only where conditions of work, vocational qualifications and output are equal, but also where these aspects are different and their work as a whole, that is, the combination of tasks performed by men and women workers is of equal value. It also noted that section L.86(7) of the Labour Code provides that collective agreements must contain “provisions concerning procedures for the application of the principle of equal pay for equal work for women and young persons”. The Committee notes that, up to now, the Government has reiterated its willingness to take the necessary measures to ensure the incorporation of the principle established by the Convention into the legislation, and indicated that a draft bill concerning non-discrimination at work, amending and supplementing certain provisions of the Labour Code, had been drawn up and was in the process of being adopted. The Committee notes, however, the Government’s indication in its report that the draft bill has still not been adopted, and that the adoption of such legislative provisions and the implementation of the concept of “equal value” might lead to implementation or practical difficulties as no classification of jobs or work of equal value yet exist. The Committee recalls that the concept of “work of equal value” is the cornerstone of the Convention and that legal provisions that do not give full effect to the principle established by the Convention impede the elimination of discrimination against women with regard to remuneration. In the absence of a clear legislative framework requiring equal remuneration for men and women for work of equal value, it is difficult for a country to demonstrate that this right is ensured in practice. The Committee also wishes to draw the Government’s attention to the fact that, while the Convention is flexible regarding the measures to be used and the timing in achieving its objective, it allows no compromise in the objective to be pursued (General Survey on the fundamental Conventions, 2012, paragraph 670). The Committee therefore once again asks the Government to take the necessary measures, without delay, to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in amending sections L.86(7) and L.105 of the Labour Code.

Article 3. Objective job evaluation. Since 2006, the Committee has been drawing the Government’s attention to the need to use objective and non discriminatory criteria, such as the required skills, effort, responsibility and working conditions, to evaluate a job and analyse the tasks involved. It also noted that a study conducted in 2009, with ILO support, found that it was necessary to establish an objective classification of jobs. The Committee notes that the Government indicates the need for the intervention of several different institutions for this purpose, each with its own priority measures to be taken, and that for this reason, measures to improve the way in which jobs are objectively evaluated have not yet been implemented. The Government also indicates in its report that it will take action in this respect, but gives no further information on the timing envisaged for this purpose, or on the measures planned to promote a job evaluation method based on objective and non-discriminatory criteria. The Committee wishes to recall that the concept of equal value necessarily implies the adoption of a method that allows for the relative value of different jobs to be measured and compared objectively, whether at the enterprise or sector level, national level, in the framework of collective bargaining or through wage-setting mechanisms. Regarding the Government’s suggestion that the ILO provide its member States with a universal job classification system to facilitate their task, the Committee draws the Government’s attention to the fact that it may avail itself of ILO technical assistance, if it so wishes. The Committee once again invites the Government to examine the measures to be taken to implement objective job evaluation methods to address the persistent gender pay gap. It encourages the Government to carry out, in cooperation with the social partners, awareness raising activities on the concept of “work of equal value” and the importance of using objective job evaluation systems, free from gender bias (namely under evaluation of skills considered as “natural” for women, such as dexterity and those required in caring professions, and the over-evaluation of skills traditionally considered as “masculine”, such as physical force), and requests the Government to provide information on any measures taken in this regard.

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