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Repetition Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee previously noted that while some of the provisions of the Labour Law (namely sections 8, 9(1), 59(4) and 93) read together provided some protection against discrimination based on sex with respect to remuneration, they did not reflect fully the principle of the Convention. The Committee takes note of the Government’s indication, in its report, that the Tripartite Consultative Committee is still engaged in the revision process of the Labour Law with a view to ensuring greater conformity with the provisions of the Convention. The Committee wishes to point out that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee requests the Government to continue to provide information on the activities and recommendations of the Tripartite Consultative Committee concerning the revision of the Labour Law, and trusts that in the near future its national legislation will explicitly give full legislative expression and effect to the principle of equal remuneration for men and women for work of equal value set out in the Convention. Gender pay gap. The Committee welcomes the statistics provided by the Government and notes that, according to the Afghanistan Living Conditions Survey (ALCS) for 2013–14, women’s average monthly wages were lower than those of men in all job categories, except in the public sector. Men were earning on average 30 per cent more than women in the same occupation and up to three and a half times more than women in the agriculture and forestry sector, where women represented two-thirds of the workforce. The Committee notes that, according to the ALCS for 2016–17, the situation of women has deteriorated as the labour force participation rate of women decreased from 29 per cent in 2014 to 26.8 per cent in 2017, and remained far lower than the labour force participation of men (80.6 per cent in 2017). Moreover, more women than men were in a vulnerable employment situation (89.9 per cent of women compared to 77.5 per cent of men). The Committee regrets that the ALCS for 2016–17 does not contain any more information on the gender pay gap. The Committee requests the Government to provide information on the measures taken to reduce the gender pay gap and identify and address its underlying causes, as well as on the results achieved in this regard. Recalling the importance of the regular collection of statistics in order to undertake an assessment of the nature, extent and evolution of the gender pay gap, the Committee requests the Government to provide updated information on the earnings of men and women disaggregated by economic activity and occupation, both in the private and public sectors, as well as any available statistics or analysis on the gender pay gap. Article 3. Objective appraisal of jobs. Civil service. Referring to its previous comments, the Committee takes note of the salary scale annexed to the Civil Servants Law, 2008, according to which salaries are determined by reference to grades and steps. It notes that section 8 of the Law refers to the criteria used to determine employment grades according to diploma, skills and work experience. The Committee notes from the data of the national Central Statistics Organization that in 2016 women represented 22.5 per cent of all public sector employees, but only 7.5 per cent of those were placed in the third grade or higher position. The Committee requests the Government to provide information on the practical application of section 8 of the Civil Servants Law, 2008, including on the methods and factors used to classify jobs under the different grades in order to ensure that tasks mainly performed by women are not being undervalued in comparison to the tasks traditionally performed by men. The Committee further requests the Government to provide information on the distribution of men and women in the various categories and positions of the civil service with their corresponding levels of earnings. Article 4. Awareness-raising activities. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that public information campaigns and activities to raise awareness about the principle of the Convention, particularly among employers’ and workers’ organizations, have been continued, some of which with the assistance of the ILO. The Committee requests the Government to continue to provide information on awareness-raising activities carried out to promote the principle of the Convention, and to indicate whether any cooperation or joint activities have been undertaken together with the employers’ and workers’ organizations. The Committee also requests the Government to specify whether, as a result of the awareness-raising activities already implemented, the principle of the Convention has been effectively addressed by the social partners in collective agreements and, if so, to provide information in this respect, including copies of the relevant provisions. Enforcement. The Committee notes that, in the National Labour Policy for 2017–20, the Government recognizes laxity in the enforcement of labour-related legislation and indicates that periodic inspections will be conducted to reveal quality of compliance, as well as gaps in compliance for which appropriate actions would be taken against defaulting employers. The Committee further notes that, in its last concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the fact that decisions of informal justice mechanisms are discriminatory against women and undermine the implementation of existing legislation, and recommended that women’s accessibility to the formal justice system be enhanced (CEDAW/C/AFG/CO/1-2, 30 July 2013, paragraphs 14 and 15). The Committee requests the Government to provide information as to the steps taken to ensure stricter enforcement of labour legislation as regards the application of the Convention. In particular, the Committee requests information regarding compliance with the requirements of the Convention, including the level of compliance and the identification of gaps in compliance, as well as any actions taken against defaulting employers. The Committee further requests the Government to provide information on any measures taken or envisaged to enhance women’s accessibility to the formal justice system, as well as on any complaints made with regard to the principle of the Convention dealt with by the courts or any other competent authorities, including information on sanctions and remedies provided.
Repetition The Committee notes the Government’s indication that a tripartite consultative group met to discuss labour law reform, with a view to making working conditions better for all, including women, and that draft Regulations have been finalized and sent to the Ministry of Justice. The Committee notes, however, that the report provides no information regarding whether the tripartite consultative group addressed specifically the issue of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government, once again, to provide information on the activities and recommendations of the tripartite consultative group with respect to the principle of equal remuneration for men and women for work of equal value and on reducing the wage gap.Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication that Afghanistan’s Decent Work Country Programme covers the principle of equal remuneration for work of equal value. However, the Government does not give any specific information on measures taken or envisaged to include provisions in the Labour Law which would reflect the concept of equal remuneration for “work of equal value”. The Committee recalls the importance of providing for the right of men and women to receive equal remuneration for “work of equal value” in order to allow a broad comparison between jobs performed by men and women that may be different but nonetheless of equal value, and that legislative provisions that do not give expression to the concept of “work of equal value” hinder progress in eradicating gender-based pay discrimination. The Committee also recalls that the definition of remuneration should include not only the ordinary, basic or minimum wage or salary but also any additional emoluments whatsoever, payable in cash or in kind, as stipulated in Article 1(a) of the Convention. The Committee therefore asks the Government to take steps to adopt specific legislative provisions explicitly providing for equal remuneration between men and women for work of equal value and to provide information on the progress made in this regard.Public service. The Committee notes the Government’s indication that a salary scale has been established in Annex I of the Civil Servants Law, taking into consideration the social situation as well as the national economic development, and the financial situation of the Government. The Committee draws the Government’s attention to the fact that the method used to set salary scales must be free from gender bias and that it is important to ensure that there is no direct or indirect discrimination in the selection of factors for comparison, the weighing of such factors and the actual comparison carried out. In order to better assess the method used to establish the salary scales in the public service, the Committee asks the Government to provide detailed information concerning the method and factors used to determine salary scales for public service employees, and to forward the latest version of the Civil Servants Act as well as its annexes. Raising awareness of the principle of the Convention. The Committee welcomes the Government’s efforts to continue raising awareness of the principle of the Convention through various measures including organizing training programmes for government officials, workers, employers, judges and civil society, disseminating material on equal remuneration for women and men and organizing workshops for the gender units of ministries on women workers’ rights under the Labour Law. The Committee asks the Government to continue providing information on awareness-raising activities carried out to promote the principle of the Convention, including information on the impact of such activities on reducing the gender pay gap. Please also provide information on the content of the training offered to government officials, workers, employers, judges and civil society. Statistics. The Committee asks the Government to provide statistics on the earnings of men and women by sector and occupation, and any statistics or analysis on the gender pay gap.
Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted that while some of the provisions of the Labour Code (namely sections 8, 9(1), 59(4) and 93) read together provided some protection against discrimination based on sex with respect to remuneration, they did not reflect fully the principle of the Convention. The Committee wishes to point out that the concept of “work of equal value” in the Convention is essential to address discrimination between men and women with respect to remuneration, as it permits a broad scope of comparison between jobs performed by men and women that may be different but nonetheless of equal value. The Committee asks the Government to provide information on any steps taken to amend the Labour Code, so as to include a provision that would explicitly provide for the right of men and women to receive equal remuneration for work of equal value.
Article 1(a) of the Convention. Remuneration. The Committee notes from the Government’s report that the prohibition of discrimination between men and women with respect to the payment of wages and allowances covers “salary supplements” mentioned in the Labour Code.
With regard to the determination of remuneration in the public service, the Committee notes that the Government indicates that the new Civil Servants Law adopted in 2008, regulates remuneration and recruitment of public service employees on the basis of the principle of the Convention. The Committee would appreciate if the Government would provide more details on the method used to establish the salary scales in the public service, as well as a copy of the Civil Servants Law.
Raising awareness of the principle of the Convention. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), regarding awareness-raising activities, the Committee notes that advertising material, such as posters, on equal remuneration for women has been developed and disseminated in the capital and the provinces and that training seminars were organized for government officials, workers, employers, judges and non-governmental organizations on the rights of women, including their right to equal remuneration. It further notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights urges the Government to ensure equal remuneration for work of equal value and reduce the gender wage gap, and recommends that a mechanism be established to monitor, inter alia, the implementation of the rights of workers to equal pay for work of equal value (E/C.12/AFG/CO/2-4, 21 May 2010, paragraph 24). The Committee encourages the Government to pursue and intensify its efforts to promote the application of the principle of equal remuneration for men and women for work of equal value both in the public and the private sectors, and invites the Government to collaborate with workers’ and employers’ organizations in this respect.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Legislative developments. The Committee notes that section 8 of the new Labour Code, submitted to the National Assembly for approval in April 2007, provides that workers have the right to work and to receive remuneration, and that workers are entitled to receive wages and salaries on the basis of the quality and quantity of the work and in accordance with their grade, rank and post. Section 93 envisages the establishment of job descriptions. Section 9(1) prohibits discrimination in respect of salaries and allowances. Discrimination in the payment of wages is prohibited under section 59(4). While the Committee notes that these provisions may provide some protection from discrimination based on sex with respect to remuneration, they do not fully apply the principle of the Convention. Recalling the 2006 general observation stressing the importance of giving full legislative expression to the principle of the Convention, the Committee asks the Government to consider including a provision explicitly providing for the right of men and women to receive equal remuneration for work of equal value, and to indicate in its next report any progress made in this regard.
The Committee recalls that Article 1(a) of the Convention defines the term “remuneration” in the broadest possible terms. Accordingly, the principle of equal remuneration for men and women for work of equal value has to be applied to all aspects of remuneration. Noting that sections 8, 9 and 59(4) of the new Labour Code appear to prohibit discrimination in respect of salaries, wages, and allowances, the Committee asks the Government to indicate how the Convention’s principle is applied with respect to other elements of remuneration, such as “salary supplements” mentioned in section 3, or any other emoluments, whether in cash or in kind.
With regard to the determination of remuneration, the Committee notes section 62 of the Labour Code which provides that the amount and conditions of payment of wages for government employees and employees of certain mixed enterprises are determined by the Government, while they are to be determined through mutual agreement in the private sector. The Committee asks the Government to provide information on the progress made in establishing the remuneration for public sector employees and to indicate the methods used to ensure that salary scales are established in accordance with the principle of equal remuneration for men and women for work of equal value.
Cooperation with employers’ and workers’ organizations. The Committee recalls that employers’ and workers’ organizations play an important role with regard to the full application of the Convention. The Committee asks the Government to indicate any initiatives or measures taken, in cooperation with employers’ and workers’ organizations, to ensure the application in practice of the principle of equal remuneration for men and women for work of equal value.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
1. Legislative developments. The Committee notes that section 8 of the new Labour Code, submitted to the National Assembly for approval in April 2007, provides that workers have the right to work and to receive remuneration, and that workers are entitled to receive wages and salaries on the basis of the quality and quantity of the work and in accordance with their grade, rank and post. Section 93 envisages the establishment of job descriptions. Section 9(1) prohibits discrimination in respect of salaries and allowances. Discrimination in the payment of wages is prohibited under section 59(4). While the Committee notes that these provisions may provide some protection from discrimination based on sex with respect to remuneration, they do not fully apply the principle of the Convention. Recalling the 2006 general observation stressing the importance of giving full legislative expression to the principle of the Convention, the Committee asks the Government to consider including a provision explicitly providing for the right of men and women to receive equal remuneration for work of equal value, and to indicate in its next report any progress made in this regard.
2. The Committee recalls that Article 1(a) of the Convention defines the term “remuneration” in the broadest possible terms. Accordingly, the principle of equal remuneration for men and women for work of equal value has to be applied to all aspects of remuneration. Noting that sections 8, 9 and 59(4) of the new Labour Code appear to prohibit discrimination in respect of salaries, wages, and allowances, the Committee asks the Government to indicate how the Convention’s principle is applied with respect to other elements of remuneration, such as “salary supplements” mentioned in section 3, or any other emoluments, whether in cash or in kind.
3. With regard to the determination of remuneration, the Committee notes section 62 of the Labour Code which provides that the amount and conditions of payment of wages for government employees and employees of certain mixed enterprises are determined by the Government, while they are to be determined through mutual agreement in the private sector. The Committee asks the Government to provide information on the progress made in establishing the remuneration for public sector employees and to indicate the methods used to ensure that salary scales are established in accordance with the principle of equal remuneration for men and women for work of equal value.
4. Cooperation with employers’ and workers’ organizations. The Committee recalls that employers’ and workers’ organizations play an important role with regard to the full application of the Convention. The Committee asks the Government to indicate any initiatives or measures taken, in cooperation with employers’ and workers’ organizations, to ensure the application in practice of the principle of equal remuneration for men and women for work of equal value.
Articles 1 to 3 of the Convention. Application in law. The Committee recalls that section 9 of the Labour Code stipulates “equal wages for equal work”, whereas the Convention encompasses the broader principle of equal remuneration for men and women for work of equal value. Noting that the Government is taking measures to adopt a new Labour Code, the Committee hopes that the Government will make every effort to ensure that the Convention’s principle is fully reflected in the new legislation, requiring not only equal remuneration for the same or equal work, but also for work of equal value. The Committee also urges the Government to ensure that the principle of equal remuneration applies to all elements of remuneration as defined in Article 1(a) of the Convention. Recalling that the Government is under an obligation to ensure the application of the Convention in the public sector, the Committee asks the Government to ensure that a method for the determination of public sector remuneration will be put in place that takes the principle of the Convention fully into account, including through the use of objective job evaluation based on the content of the work performed. The Committee asks the Government to take all necessary measures to ensure that the new Labour Code includes provisions fully reflecting the principle of equal remuneration for men and women for work of equal value and to keep the Committee informed of the progress made in this regard.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:
1. The Committee observes that the application of this Convention is linked inextricably with women’s right to equality of opportunity and treatment in employment more generally. In this connection, the Committee refers to its observation under Convention No. 111, which should be read together with this observation. 2. The Committee notes the information provided in the Government’s reports, which were received on 26 June and 8 July 1996, respectively, including the information provided by the Government concerning the criteria used to classify civil servants and workers, and that concerning the determination of additional remuneration, such as overtime pay, travelling expenses, pension rights, food, and consumer goods. 3. In its previous comment, the Committee noted the Government’s reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), whereas the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government’s reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asked the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention. In its report the Government states that, on the instruction of the competent authorities, the Labour Code is to be amended, and that in any such amendments, the matters raised by the Committee will be taken into consideration and will be reported to the Office. The Committee hopes that the necessary action will be taken to amend the Labour Code in line with the scope of the Convention and asks the Government to provide information on further developments.
1. The Committee observes that the application of this Convention is linked inextricably with women’s right to equality of opportunity and treatment in employment more generally. In this connection, the Committee refers to its observation under Convention No. 111, which should be read together with this observation.
2. The Committee notes the information provided in the Government’s reports, which were received on 26 June and 8 July 1996, respectively, including the information provided by the Government concerning the criteria used to classify civil servants and workers, and that concerning the determination of additional remuneration, such as overtime pay, travelling expenses, pension rights, food, and consumer goods.
3. In its previous comment, the Committee noted the Government’s reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), whereas the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government’s reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asked the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention. In its report the Government states that, on the instruction of the competent authorities, the Labour Code is to be amended, and that in any such amendments, the matters raised by the Committee will be taken into consideration and will be reported to the Office. The Committee hopes that the necessary action will be taken to amend the Labour Code in line with the scope of the Convention and asks the Government to provide information on further developments.
The Committee trusts that a report will be supplied for examination at its next session and that it will contain full information on the matters raised in its previous comments.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:
1. The Committee observes that the application of this Convention is linked inextricably with women's right to equality of opportunity and treatment in employment more generally. In this connection, the Committee refers to its observation under Convention No. 111, which should be read together with this observation. 2. The Committee notes the information provided in the Government's reports, which were received on 26 June and 8 July 1996, respectively, including the information provided by the Government concerning the criteria used to classify civil servants and workers, and that concerning the determination of additional remuneration, such as overtime pay, travelling expenses, pension rights, food, and consumer goods. 3. In its previous comment, the Committee noted the Government's reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), whereas the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government's reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asked the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention. In its report the Government states that, on the instruction of the competent authorities, the Labour Code is to be amended, and that in any such amendments, the matters raised by the Committee will be taken into consideration and will be reported to the Office. The Committee hopes that the necessary action will be taken to amend the Labour Code in line with the scope of the Convention and asks the Government to provide information on further developments. END OF REPETITION The Committee hopes that the Government will make every effort to take the necessary action in the very near future.Observation (CEACR) - adopted 1998, published 87th ILC session (1999) The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows: 1. The Committee observes that the application of this Convention is linked inextricably with women's right to equality of opportunity and treatment in employment more generally. In this connection, the Committee refers to its observation under Convention No. 111, which should be read together with this observation. 2. The Committee notes the information provided in the Government's reports, which were received on 26 June and 8 July 1996, respectively, including the information provided by the Government concerning the criteria used to classify civil servants and workers, and that concerning the determination of additional remuneration, such as overtime pay, travelling expenses, pension rights, food, and consumer goods. 3. In its previous comment, the Committee noted the Government's reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), whereas the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government's reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asked the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention. In its report the Government states that, on the instruction of the competent authorities, the Labour Code is to be amended, and that in any such amendments, the matters raised by the Committee will be taken into consideration and will be reported to the Office. The Committee hopes that the necessary action will be taken to amend the Labour Code in line with the scope of the Convention and asks the Government to provide information on further developments. END OF REPETITION The Committee hopes that the Government will make every effort to take the necessary action in the very near future.Observation (CEACR) - adopted 1996, published 85th ILC session (1997) 1. The Committee observes that the application of this Convention is linked inextricably with women's right to equality of opportunity and treatment in employment more generally. In this connection, the Committee refers to its observation under Convention No. 111, which should be read together with this observation. 2. The Committee notes the information provided in the Government's reports, which were received on 26 June and 8 July 1996 respectively, including the information provided by the Government concerning the criteria used to classify civil servants and workers, and that concerning the determination of additional remuneration, such as overtime pay, travelling expenses, pension rights, food, and consumer goods. 3. In its previous comment, the Committee noted the Government's reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), whereas the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government's reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asked the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention. In its report the Government states that, on the instruction of the competent authorities, the Labour Code is to be amended, and that in any such amendments, the matters raised by the Committee will be taken into consideration and will be reported to the Office. The Committee hopes that the necessary action will be taken to amend the Labour Code in line with the scope of the Convention and asks the Government to provide information on further developments.Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995) 1. Noting the Government's reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), the Committee recalls that Article 2 of the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government's reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asks the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention. 2. The Committee notes that reference is made in the Government's report to an attached wage and salary table which, from its description, appears to be the type of documentation already furnished by the Government (in respect of contract employees and civil servants) with a previous report. While this material has served to illustrate the range of classifications and the relative wage levels determined for each grade of workers, it is not sufficient to show how the principle of the Convention is applied in practice. Accordingly, the Committee would be grateful if the Government would also indicate the approximate percentages of men and women classified in the different grades, either generally, if the information is available or in a particular sector, such as the civil service. The Committee also requests the Government to provide examples of collective agreements, fixing rates of remuneration for occupations in which substantial numbers of women are employed. 3. The Committee has noted with interest the emphasis placed on tripartite cooperation with regard to the implementation of ratified ILO Conventions. It would be grateful for any information on tripartite action taken to ensure equality of opportunity and treatment for women within the context of the Convention.Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994) 1. The Committee notes that the last report of the Government (submitted in June 1992) places reliance on the provisions of section 75 of the 1988 Labour Code for applying the Convention. The Committee recalls the terms of its 1990 general observation on the Convention which pointed to the importance of collecting and analysing data on earnings and related factors so as to gain a real appreciation of the actual situation and in order to devise methods to remedy any inequalities so determined. Against this background, the Committee again requests the Government to supply, with its next report, information on the classification of jobs in the economy, by qualifications, experience and grade. 2. Referring to its previous comments, the Committee also requests the Government to supply information on the practical application of sections 148 and 154 of the Labour Code and, in particular, on the measures taken or contemplated to ensure effective cooperation with the employers' and workers' organizations in giving effect to the Convention in accordance with Article 4. Noting from the report the assurance that equal opportunity is accorded to women in respect of vocational training, employment and wages, the Committee would be grateful if the Government would supply, with future reports, information indicating how the principle of equal pay for work of equal value is applied in practice, including copies of collective agreements concluded pursuant to the provisions of the Labour Act; and any surveys, studies or programmes carried out with a view to promoting wage equity between women and men, either specifically or within the context of wider measures to promote equality of opportunity and treatment between the sexes.Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992) The Committee has taken note of the Government's report and the information provided in response to the Committee's previous comments. 1. Articles 1(b) and (3) of the Convention. The Committee asks the Government to transmit with its next report tables showing the classification of jobs by qualifications and grade. 2. Article 4. In its previous direct request, the Committee noted that sections 148 and 154 of the Labour Code dealt with the role of the trade unions and with collective agreements. It again asks the Government to supply information about the practical application of those sections in relation to the Convention, in particular with regard to the measures taken or contemplated to ensure good cooperation with employers' and workers' organisations in giving effect to the Convention.Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991) The Committee notes with regret that the Government has not supplied the information requested in its previous comments. It hopes that the next report will contain full information on the points raised in its previous direct request, which read as follows: 1. The Committee notes that a new Labour Code was adopted in April 1988. 2. Articles 1(b) and 3 of the Convention. The Committee notes that section 7 of the Code provides for the determination of wages on the basis of quantity and quality of work according to the ranks, grades or specific posts, and that section 75 includes occupation, working period, practical work and other conditions as additional criteria. Furthermore, section 9 provides that men and women have equal rights and shall receive equal pay for equal work. The Committee requests the Government to supply information on wage determinations conducted in accordance with the principles set forth in sections 7 and 75 of the Labour Code and, in particular, on the means by which "equal remuneration for work of equal value" is ensured. The Committee also requests the Government to supply copies of collective agreements concluded under the terms of the Labour Code and information on other regulations on wages that have been formulated on the basis of the provisions of the Labour Code, including copies of these regulations. 3. Article 4. The Committee notes the Government's indication in its latest report that the role of the trade unions and collective agreements have been stipulated in sections 148 and 154 of the Code. The Committee requests the Government to supply information on the practical application of these provisions with respect to the Convention, namely on measures that have been taken or are under consideration to ensure the co-operation with employers' and workers' organisations in better application of the Convention.Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990) The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows: 1. The Committee notes that a new Labour Law Code was adopted in April 1988. 2. Articles 1(b) and 3 of the Convention. The Committee notes that article 7 of the Code provides for the determination of wages on the basis of quantity and quality of work according to the ranks, grades or specific posts and that article 75 includes occupation, working period, practical work and other conditions as additional criteria. Furthermore, article 9 provides that men and women have equal rights and shall receive equal pay for equal work. The Committee requests the Government to supply information on wage determinations conducted in accordance with the principles set forth in articles 7 and 75 of the Labour Law Code and, in particular, on the means by which "equal remuneration for work of equal value" is ensured. The Committee also requests the Government to supply copies of relevant collective agreements and information on other regulations on wages that have been formulated on the basis of the provisions of the Labour Law Code, including copies of these regulations. 3. Article 4. The Committee notes the Government's indication in its latest report that the role of the trade unions and collective agreements have been stipulated in articles 148 and 154 of the Code. The Committee requests the Government to supply information on the practical application of these provisions with respect to the Convention, namely on measures that have been taken or are under consideration to ensure the co-operation with employers' and workers' organisations in better application of the Convention.
1. The Committee observes that the application of this Convention is linked inextricably with women's right to equality of opportunity and treatment in employment more generally. In this connection, the Committee refers to its observation under Convention No. 111, which should be read together with this observation. 2. The Committee notes the information provided in the Government's reports, which were received on 26 June and 8 July 1996, respectively, including the information provided by the Government concerning the criteria used to classify civil servants and workers, and that concerning the determination of additional remuneration, such as overtime pay, travelling expenses, pension rights, food, and consumer goods. 3. In its previous comment, the Committee noted the Government's reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), whereas the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government's reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asked the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention. In its report the Government states that, on the instruction of the competent authorities, the Labour Code is to be amended, and that in any such amendments, the matters raised by the Committee will be taken into consideration and will be reported to the Office. The Committee hopes that the necessary action will be taken to amend the Labour Code in line with the scope of the Convention and asks the Government to provide information on further developments.
END OF REPETITION
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:
1. The Committee observes that the application of this Convention is linked inextricably with women's right to equality of opportunity and treatment in employment more generally. In this connection, the Committee refers to its observation under Convention No. 111, which should be read together with this observation. 2. The Committee notes the information provided in the Government's reports, which were received on 26 June and 8 July 1996, respectively, including the information provided by the Government concerning the criteria used to classify civil servants and workers, and that concerning the determination of additional remuneration, such as overtime pay, travelling expenses, pension rights, food, and consumer goods. 3. In its previous comment, the Committee noted the Government's reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), whereas the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government's reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asked the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention. In its report the Government states that, on the instruction of the competent authorities, the Labour Code is to be amended, and that in any such amendments, the matters raised by the Committee will be taken into consideration and will be reported to the Office. The Committee hopes that the necessary action will be taken to amend the Labour Code in line with the scope of the Convention and asks the Government to provide information on further developments. END OF REPETITION The Committee hopes that the Government will make every effort to take the necessary action in the very near future.Observation (CEACR) - adopted 1996, published 85th ILC session (1997) 1. The Committee observes that the application of this Convention is linked inextricably with women's right to equality of opportunity and treatment in employment more generally. In this connection, the Committee refers to its observation under Convention No. 111, which should be read together with this observation. 2. The Committee notes the information provided in the Government's reports, which were received on 26 June and 8 July 1996 respectively, including the information provided by the Government concerning the criteria used to classify civil servants and workers, and that concerning the determination of additional remuneration, such as overtime pay, travelling expenses, pension rights, food, and consumer goods. 3. In its previous comment, the Committee noted the Government's reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), whereas the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government's reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asked the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention. In its report the Government states that, on the instruction of the competent authorities, the Labour Code is to be amended, and that in any such amendments, the matters raised by the Committee will be taken into consideration and will be reported to the Office. The Committee hopes that the necessary action will be taken to amend the Labour Code in line with the scope of the Convention and asks the Government to provide information on further developments.Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995) 1. Noting the Government's reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), the Committee recalls that Article 2 of the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government's reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asks the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention. 2. The Committee notes that reference is made in the Government's report to an attached wage and salary table which, from its description, appears to be the type of documentation already furnished by the Government (in respect of contract employees and civil servants) with a previous report. While this material has served to illustrate the range of classifications and the relative wage levels determined for each grade of workers, it is not sufficient to show how the principle of the Convention is applied in practice. Accordingly, the Committee would be grateful if the Government would also indicate the approximate percentages of men and women classified in the different grades, either generally, if the information is available or in a particular sector, such as the civil service. The Committee also requests the Government to provide examples of collective agreements, fixing rates of remuneration for occupations in which substantial numbers of women are employed. 3. The Committee has noted with interest the emphasis placed on tripartite cooperation with regard to the implementation of ratified ILO Conventions. It would be grateful for any information on tripartite action taken to ensure equality of opportunity and treatment for women within the context of the Convention.Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994) 1. The Committee notes that the last report of the Government (submitted in June 1992) places reliance on the provisions of section 75 of the 1988 Labour Code for applying the Convention. The Committee recalls the terms of its 1990 general observation on the Convention which pointed to the importance of collecting and analysing data on earnings and related factors so as to gain a real appreciation of the actual situation and in order to devise methods to remedy any inequalities so determined. Against this background, the Committee again requests the Government to supply, with its next report, information on the classification of jobs in the economy, by qualifications, experience and grade. 2. Referring to its previous comments, the Committee also requests the Government to supply information on the practical application of sections 148 and 154 of the Labour Code and, in particular, on the measures taken or contemplated to ensure effective cooperation with the employers' and workers' organizations in giving effect to the Convention in accordance with Article 4. Noting from the report the assurance that equal opportunity is accorded to women in respect of vocational training, employment and wages, the Committee would be grateful if the Government would supply, with future reports, information indicating how the principle of equal pay for work of equal value is applied in practice, including copies of collective agreements concluded pursuant to the provisions of the Labour Act; and any surveys, studies or programmes carried out with a view to promoting wage equity between women and men, either specifically or within the context of wider measures to promote equality of opportunity and treatment between the sexes.Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992) The Committee has taken note of the Government's report and the information provided in response to the Committee's previous comments. 1. Articles 1(b) and (3) of the Convention. The Committee asks the Government to transmit with its next report tables showing the classification of jobs by qualifications and grade. 2. Article 4. In its previous direct request, the Committee noted that sections 148 and 154 of the Labour Code dealt with the role of the trade unions and with collective agreements. It again asks the Government to supply information about the practical application of those sections in relation to the Convention, in particular with regard to the measures taken or contemplated to ensure good cooperation with employers' and workers' organisations in giving effect to the Convention.Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991) The Committee notes with regret that the Government has not supplied the information requested in its previous comments. It hopes that the next report will contain full information on the points raised in its previous direct request, which read as follows: 1. The Committee notes that a new Labour Code was adopted in April 1988. 2. Articles 1(b) and 3 of the Convention. The Committee notes that section 7 of the Code provides for the determination of wages on the basis of quantity and quality of work according to the ranks, grades or specific posts, and that section 75 includes occupation, working period, practical work and other conditions as additional criteria. Furthermore, section 9 provides that men and women have equal rights and shall receive equal pay for equal work. The Committee requests the Government to supply information on wage determinations conducted in accordance with the principles set forth in sections 7 and 75 of the Labour Code and, in particular, on the means by which "equal remuneration for work of equal value" is ensured. The Committee also requests the Government to supply copies of collective agreements concluded under the terms of the Labour Code and information on other regulations on wages that have been formulated on the basis of the provisions of the Labour Code, including copies of these regulations. 3. Article 4. The Committee notes the Government's indication in its latest report that the role of the trade unions and collective agreements have been stipulated in sections 148 and 154 of the Code. The Committee requests the Government to supply information on the practical application of these provisions with respect to the Convention, namely on measures that have been taken or are under consideration to ensure the co-operation with employers' and workers' organisations in better application of the Convention.Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990) The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows: 1. The Committee notes that a new Labour Law Code was adopted in April 1988. 2. Articles 1(b) and 3 of the Convention. The Committee notes that article 7 of the Code provides for the determination of wages on the basis of quantity and quality of work according to the ranks, grades or specific posts and that article 75 includes occupation, working period, practical work and other conditions as additional criteria. Furthermore, article 9 provides that men and women have equal rights and shall receive equal pay for equal work. The Committee requests the Government to supply information on wage determinations conducted in accordance with the principles set forth in articles 7 and 75 of the Labour Law Code and, in particular, on the means by which "equal remuneration for work of equal value" is ensured. The Committee also requests the Government to supply copies of relevant collective agreements and information on other regulations on wages that have been formulated on the basis of the provisions of the Labour Law Code, including copies of these regulations. 3. Article 4. The Committee notes the Government's indication in its latest report that the role of the trade unions and collective agreements have been stipulated in articles 148 and 154 of the Code. The Committee requests the Government to supply information on the practical application of these provisions with respect to the Convention, namely on measures that have been taken or are under consideration to ensure the co-operation with employers' and workers' organisations in better application of the Convention.
1. The Committee observes that the application of this Convention is linked inextricably with women's right to equality of opportunity and treatment in employment more generally. In this connection, the Committee refers to its observation under Convention No. 111, which should be read together with this observation.
2. The Committee notes the information provided in the Government's reports, which were received on 26 June and 8 July 1996 respectively, including the information provided by the Government concerning the criteria used to classify civil servants and workers, and that concerning the determination of additional remuneration, such as overtime pay, travelling expenses, pension rights, food, and consumer goods.
3. In its previous comment, the Committee noted the Government's reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), whereas the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government's reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asked the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention. In its report the Government states that, on the instruction of the competent authorities, the Labour Code is to be amended, and that in any such amendments, the matters raised by the Committee will be taken into consideration and will be reported to the Office. The Committee hopes that the necessary action will be taken to amend the Labour Code in line with the scope of the Convention and asks the Government to provide information on further developments.
1. Noting the Government's reliance on section 9 of the Labour Code (which stipulates "equal wages for equal work"), the Committee recalls that Article 2 of the Convention encompasses the broader principle of equal remuneration for work of equal value. Observing that the Government's reports continue to deny any discrimination in the terms and conditions of employment of men and women and refer to section 75 of the Code (containing the criteria for wage determination) without demonstrating how the broader concept is applied, the Committee asks the Government to consider amending the Labour Code so as to reflect fully the principle of the Convention.
2. The Committee notes that reference is made in the Government's report to an attached wage and salary table which, from its description, appears to be the type of documentation already furnished by the Government (in respect of contract employees and civil servants) with a previous report. While this material has served to illustrate the range of classifications and the relative wage levels determined for each grade of workers, it is not sufficient to show how the principle of the Convention is applied in practice. Accordingly, the Committee would be grateful if the Government would also indicate the approximate percentages of men and women classified in the different grades, either generally, if the information is available or in a particular sector, such as the civil service. The Committee also requests the Government to provide examples of collective agreements, fixing rates of remuneration for occupations in which substantial numbers of women are employed.
3. The Committee has noted with interest the emphasis placed on tripartite cooperation with regard to the implementation of ratified ILO Conventions. It would be grateful for any information on tripartite action taken to ensure equality of opportunity and treatment for women within the context of the Convention.
1. The Committee notes that the last report of the Government (submitted in June 1992) places reliance on the provisions of section 75 of the 1988 Labour Code for applying the Convention. The Committee recalls the terms of its 1990 general observation on the Convention which pointed to the importance of collecting and analysing data on earnings and related factors so as to gain a real appreciation of the actual situation and in order to devise methods to remedy any inequalities so determined. Against this background, the Committee again requests the Government to supply, with its next report, information on the classification of jobs in the economy, by qualifications, experience and grade.
2. Referring to its previous comments, the Committee also requests the Government to supply information on the practical application of sections 148 and 154 of the Labour Code and, in particular, on the measures taken or contemplated to ensure effective cooperation with the employers' and workers' organizations in giving effect to the Convention in accordance with Article 4. Noting from the report the assurance that equal opportunity is accorded to women in respect of vocational training, employment and wages, the Committee would be grateful if the Government would supply, with future reports, information indicating how the principle of equal pay for work of equal value is applied in practice, including copies of collective agreements concluded pursuant to the provisions of the Labour Act; and any surveys, studies or programmes carried out with a view to promoting wage equity between women and men, either specifically or within the context of wider measures to promote equality of opportunity and treatment between the sexes.
The Committee has taken note of the Government's report and the information provided in response to the Committee's previous comments.
1. Articles 1(b) and (3) of the Convention. The Committee asks the Government to transmit with its next report tables showing the classification of jobs by qualifications and grade.
2. Article 4. In its previous direct request, the Committee noted that sections 148 and 154 of the Labour Code dealt with the role of the trade unions and with collective agreements. It again asks the Government to supply information about the practical application of those sections in relation to the Convention, in particular with regard to the measures taken or contemplated to ensure good cooperation with employers' and workers' organisations in giving effect to the Convention.
The Committee notes with regret that the Government has not supplied the information requested in its previous comments. It hopes that the next report will contain full information on the points raised in its previous direct request, which read as follows:
1. The Committee notes that a new Labour Code was adopted in April 1988.
2. Articles 1(b) and 3 of the Convention. The Committee notes that section 7 of the Code provides for the determination of wages on the basis of quantity and quality of work according to the ranks, grades or specific posts, and that section 75 includes occupation, working period, practical work and other conditions as additional criteria. Furthermore, section 9 provides that men and women have equal rights and shall receive equal pay for equal work. The Committee requests the Government to supply information on wage determinations conducted in accordance with the principles set forth in sections 7 and 75 of the Labour Code and, in particular, on the means by which "equal remuneration for work of equal value" is ensured. The Committee also requests the Government to supply copies of collective agreements concluded under the terms of the Labour Code and information on other regulations on wages that have been formulated on the basis of the provisions of the Labour Code, including copies of these regulations.
3. Article 4. The Committee notes the Government's indication in its latest report that the role of the trade unions and collective agreements have been stipulated in sections 148 and 154 of the Code. The Committee requests the Government to supply information on the practical application of these provisions with respect to the Convention, namely on measures that have been taken or are under consideration to ensure the co-operation with employers' and workers' organisations in better application of the Convention.
The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes that a new Labour Law Code was adopted in April 1988. 2. Articles 1(b) and 3 of the Convention. The Committee notes that article 7 of the Code provides for the determination of wages on the basis of quantity and quality of work according to the ranks, grades or specific posts and that article 75 includes occupation, working period, practical work and other conditions as additional criteria. Furthermore, article 9 provides that men and women have equal rights and shall receive equal pay for equal work. The Committee requests the Government to supply information on wage determinations conducted in accordance with the principles set forth in articles 7 and 75 of the Labour Law Code and, in particular, on the means by which "equal remuneration for work of equal value" is ensured. The Committee also requests the Government to supply copies of relevant collective agreements and information on other regulations on wages that have been formulated on the basis of the provisions of the Labour Law Code, including copies of these regulations. 3. Article 4. The Committee notes the Government's indication in its latest report that the role of the trade unions and collective agreements have been stipulated in articles 148 and 154 of the Code. The Committee requests the Government to supply information on the practical application of these provisions with respect to the Convention, namely on measures that have been taken or are under consideration to ensure the co-operation with employers' and workers' organisations in better application of the Convention.
1. The Committee notes that a new Labour Law Code was adopted in April 1988.
2. Articles 1(b) and 3 of the Convention. The Committee notes that article 7 of the Code provides for the determination of wages on the basis of quantity and quality of work according to the ranks, grades or specific posts and that article 75 includes occupation, working period, practical work and other conditions as additional criteria. Furthermore, article 9 provides that men and women have equal rights and shall receive equal pay for equal work. The Committee requests the Government to supply information on wage determinations conducted in accordance with the principles set forth in articles 7 and 75 of the Labour Law Code and, in particular, on the means by which "equal remuneration for work of equal value" is ensured. The Committee also requests the Government to supply copies of relevant collective agreements and information on other regulations on wages that have been formulated on the basis of the provisions of the Labour Law Code, including copies of these regulations.
3. Article 4. The Committee notes the Government's indication in its latest report that the role of the trade unions and collective agreements have been stipulated in articles 148 and 154 of the Code. The Committee requests the Government to supply information on the practical application of these provisions with respect to the Convention, namely on measures that have been taken or are under consideration to ensure the co-operation with employers' and workers' organisations in better application of the Convention.