Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Democratic Republic of the Congo (Ratification: 1969)

Other comments on C100

Observation

Direct Request

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Article 2(2)(b). Wage policy. Minimum wage. The Government had previously informed the Committee that the wage policy was due to be reviewed and updated by the tripartite committee. The Committee notes the Government’s indication that the wage policy has still not been adopted. However, it also notes that the adoption of Decree No. 18/017 of 22 May 2018 has raised the guaranteed inter-occupational minimum wage (SMIG), minimum family allowances and the accommodation allowance. In that connection, the Committee recalls that the setting of a minimum wage is an important means by which the Convention is applied, given that women are predominantly in low-paid jobs. The Committee requests the Government to provide detailed information on the criteria for the attribution of minimum family allowances and the accommodation allowance and on the impact of the raised SMIG, and of the above-mentioned allowances, on reducing the wage gap between men and women.

Article 2(2)(c). Collective agreements. In its previous comment, the Committee had requested the Government to provide it with a copy of the national inter-occupational collective labour agreement of 20 January 2013, as well as relevant extracts of other collective agreements likely to have an impact on the application of the principle of the Convention. The Government indicates in its report that the inter-occupational collective labour agreement in force dates from 2005, and undertakes shortly to send the Committee other collective agreements, such as those applicable in the banking, telecommunications and mining sectors. The Committee reminds the Government that it is important to consider collective agreements from the perspective of equal remuneration for men and women workers for work of equal value. It recalls in that connection the need to assess the determination and weighting of criteria applied to evaluate jobs and set wages, and to ensure that collective agreements do not contain discriminatory provisions, such as clauses limiting allowances and benefits provided to women (see 2012 General survey on the fundamental Conventions, paragraphs 705, 729 and 730). The Committee requests the Government to provide information on the measures taken to ensure that: (i) collective agreements do not contain discriminatory provisions; and (ii) when setting wage levels, the principle of the Convention is taken into account (for example, by including clauses referring explicitly to the principle of the Convention, or by taking measures to put in place objective job evaluations to fix wage scales, thereby making certain that tasks or functions considered to be “feminine” are not undervalued). Finally, the Committee again requests the Government to communicate extracts of collective agreements relating to the setting of levels of remuneration.

Article 3. Objective job evaluation. In its previous comments, the Committee had noted the Government’s indication that a draft general job classification was under consideration. It notes from the Government’s report that the 1967 classification remains in force, but that its modification is still envisaged. The Committee recalls once again that to guarantee application of the principle of equal remuneration for men and women workers for work of equal value, it is important to conduct an objective evaluation of jobs based on the tasks involved, using objective criteria such as skills, effort, responsibilities and working conditions. The Committee requests the Government to take measures to modify the general job classification on the basis of objective criteria, free of gender stereotypes (such as skills, effort, responsibilities and working conditions).

Statistical information. The Committee notes that the Government has not provided detailed statistics allowing an evaluation of the application of the Convention. It again requests the Government to take the necessary steps to collect and compile data, disaggregated by sex, on the participation of men and women in the labour market and their respective earnings, by sector of economic activity and occupation.