Individual Case (CAS) - Discussion: 1994, Publication: 81st ILC session (1994)

The Government supplied the following information:

The Government thanks the Committee of Experts for its open-mindedness, favouring dialogue. It counts on the Committee's comprehension with respect to the application of the Convention, to convince it that the principle of equality of treatment and of wages is really applied in the Kingdom, as has been demonstrated in certain examples which have been given in its last report in 1993. The Government notes that the Committee of Experts is not convinced by the explanations given and that it upholds that the national legislation should prohibit, through legislative provisions, any discrimination based on gender and reinforce equality of remuneration between men and women for work of equal value. The Government wishes to clarify the following points:

1. In Saudi Arabia, the Labour Code is applied to all workers without distinction as to gender or nationality, which implies that the Code covers all male and female workers as far as their rights and obligations, including wages, are concerned. Naturally, this equality can only be applied if the nature of the work, its conditions and its circumstances are equal. Thus, the discrimination mentioned in Chapter X of the above Code has no connection with these rights but rules on the protection of women and on the granting of additional advantages.

2. The principle of equality between male and female workers who perform equal work is based on the principles of justice. It has already been mentioned that in accordance with the Convention, the Labour Code, in its section 185, establishes the principle of equality by providing that labour and conciliation committees are bound to refer to the provisions and regulations of the Sharia and to the principles of law, custom and justice. The Sharia is the Constitution of the Kingdom whose principles prescribe the establishment of justice and of equality between all persons without discrimination on the grounds of gender, nationality or religion. The decision of the supreme conciliation commission relating to labour matters, mentioned in the previous report, may be taken as proof for the application of this principle. It is known that the Constitution represents the supreme law in every country. The Sharia - the Constitution of the Kingdom - is considered to be the supreme law as it is of divine source and its written principles are expressed in the verses of the Koran and the hadiths (sayings) of the Prophet, which proves that the modalities of application of the principle of equality in the private sector are entirely in conformity with the provisions of this Convention. However, in spite of the positive indications and in conformity with the wish of the Committee of Experts, it has been decided to take the necessary legislative measures to confirm the principle of equality of treatment and remuneration. A copy of the relevant ministerial decision will be transmitted to the ILO.

3. With reference to the other requested information, the measures taken to confirm the application of the principle of equality, as prescribed by the Convention, have been mentioned in the previous report. The Ministry has prepared a guide for professional selection in the private sector, on the basis of the provisions of the international labour Conventions, to allow employers to determine the functions and the statutes in their business. Thus, every person being taken in for a job or a specific function will receive appropriate wages which guarantees equality in case of equality of qualification, experience and conditions and circumstances of work. With respect to the inexistence of a wage scale, the Government could not imagine one single wage scale as there are thousands of companies and factories that work in this sector. Section 115 of the Labour Code has empowered the Cabinet of Ministers to decide on a minimum wage if necessary. Considering that the level of wages is high in relation to the level of cost of living, there is no actual necessity to introduce minimum wages. It is known that in several countries, of which some are major industrial countries, there are no minimum wages.

In addition, a Government representative reiterated the above written information provided.

The Workers' members recalled that in 1993 the Committee had discussed a similar case with respect to Saudi Arabia concerning Convention No. 111 on Discrimination (Employment and Occupation), 1958. Like the case this year regarding the fundamental aspect of equal remuneration, it had concerned questions of equality of treatment of men and women. As the Government had sent a report this year the Committee of Experts had the possibility of making their comments. The Government should however be encouraged to continue to provide reports because the necessary dialogue can only take place if the Government concerned does not maintain the position that there is no need to take any measure in view of the conformity of the law and practice with the Convention. It should however be noted that the Committee of Experts had expressed the opposite view. The information provided this year does none the less herald a change of attitude on the part of the Government because of the fact that it had decided to adopt the necessary legal provisions to reaffirm the principle of equal treatment and remuneration between men and women. This would in its view meet the concerns of the Committee of Experts. As had been stated by the Committee of Experts in its General Survey of 1986, the practical implementation of equality of remuneration could only be ensured through the inclusion of such principle in the text of the law. Machinery for its implementation should also be developed and a dynamic process engaged. Questions of the implementation of the principle of equality are often raised in the adjudicatory bodies and with those engaged in implementing them in practice. Statistics in general revealed that gaps in remuneration of men and women existed even in industrialized countries too. However such gaps were more pronounced in countries lacking a dynamic approach at reducing these gaps as well as in countries where women did not have access to the judicial process for ensuring their rights. These questions concerned more women workers in small enterprises and the service sector as well as countries where the minimum wage was not fixed in accordance with the methods provided for in Conventions Nos. 26 and 131. This Committee should endorse the requests and suggestions of the Committee of Experts. The Government should continue to examine the situation and take appropriate measures to ensure the implementation of the Convention in practice. The Government should also be reminded of the usefulness of seeking the technical assistance of the ILO to overcome the problems of implementation of the Convention.

The Employers' members noted that this case was similar to the one discussed last year which had raised problems of dialogue with the Government. The question raised this year was whether national legislation contained appropriate provisions that anticipated and proscribed discrimination in remuneration based on sex. The Government's position that the existence in the Labour Code of a provision stating the general principle of equality of treatment sufficed to guarantee equal remuneration might in theory have been satisfactory. However, a general principle rarely suffices and the Convention required detailed provisions for its application. The Government seemed to have taken important steps in this direction in deciding to shortly adopt such provisions. The Employers' members also expressed the hope that these provisions would be implemented in practice. In addition, they recalled the Government had indicated that a Commission for Dispute Settlement dealt in practice with cases involving equality of treatment. They requested for more information from the Government representative on this question to be able to assess better the role of this Commission in the area. Even though some countries might face problems in compiling and providing appropriate statistics, they considered this should not be the case for Saudi Arabia. Finally, they considered that even in the absence of a minimum wage the legal means for establishing it should be provided for. The information provided led them to believe that the Government was making progress which warranted this Committee's encouragement.

The Government representative of Saudi Arabia, in reply to the Employers' members, stated that he possessed neither statistics nor detailed information on the workings of the Commission for Dispute Settlement. He promised to send the information when possible.

The Committee noted the written information and the oral explanations provided by the Government. It noted like the Committee of Experts had that the necessary measures for the full application of the Convention had not yet been taken by the Government. It expressed the firm hope that the Government would do its utmost to adopt the legislation to the requirements of the Convention, if necessary with the technical assistance of the International Labour Office. In this respect the Committee noted with interest the Government's decision to adopt a decree reaffirming the principle of equal treatment and remuneration between men and women, as well as the fact that a copy of this decree would be furnished to the International Labour Office. The Committee hoped that this decree would be adopted shortly in order to ensure that the law and practice fully complied with the provisions of the Convention.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Promotion of the principle of the Convention. The Committee notes that the Government has once again provided no information regarding its previous comments on the need to undertake broad training and awareness-raising activities addressing specifically the issue of equal remuneration for men and women for work of equal value, and to ensure that such activities do not reinforce stereotyped views regarding women’s capabilities and social roles. In the light of the adoption on 18 September 2010 of Ministerial Order No. 2370/1, providing that “any discrimination in wages shall be prohibited between male and female workers for work of equal value”, the Committee urges the Government to undertake awareness raising and training, in cooperation with workers’ and employers’ organizations, specifically addressing the principle of equal remuneration for men and women for work of equal value, in order to ensure a better understanding of the issues involved, and effective implementation of the Ministerial Order in practice.

Enforcement. The Committee notes the Government’s indication that annual training courses are organized to train inspectors before they are sworn in, and they are then provided with six months’ training in the field, and with annual courses in inspection with relevant bodies. The Government states generally that such courses focus on the issue of equal remuneration between all categories of workers, in accordance with relevant instructions and regulations. The Committee requests the Government to provide information on the dispute resolution mechanisms available should a worker seek to bring a claim for a violation of Ministerial Order No. 2370/1. Noting the Government’s statement that there have been no violations of equal remuneration reported to or detected by the labour inspectorate, and the general information provided regarding the nature of the training, the Committee asks the Government to take proactive measures to improve the capacity of labour inspectors to detect and address unequal remuneration between men and women for work of equal value, and to ensure that workers are apprised of their rights pursuant to Ministerial Order No. 2370/1 and of the dispute resolution mechanisms available.

Statistics. The Committee notes that no statistics have been provided. The Committee asks the Government to provide statistics on wages, disaggregated by sex, in the various sectors and occupations, and at different levels of responsibility. Having noted from previous statistics that occupational gender segregation is a feature of the Saudi labour market, the Committee once again asks the Government to take measures to provide women with access to a wider range of jobs, including those traditionally reserved for men and, in particular, to gain access to higher paying jobs and positions. Please provide detailed information in this regard.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Work of equal value. For a number of years, the Committee has expressed the hope that full legislative expression would be given to the principle of equal remuneration for men and women for work of equal value. The Committee noted in previous comments that the new Labour Code, 2006, contained no reference to equal remuneration for men and women for work of equal value. The Committee therefore notes with satisfaction the adoption on 18 September 2010 of Ministerial Order No. 2370/1, providing that “any discrimination in wages shall be prohibited between male and female workers for work of equal value”. The Order is made pursuant to section 243 of the Labour Code which provides for the issuing of implementing decisions and regulations, and makes specific reference to the ratification of Convention No. 100 and to the pursuit of social justice. The Committee asks the Government to provide information on the application in practice of Ministerial Order No. 2370/1.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Promotion of the principle of the Convention. The Committee notes that the Government has not replied to its previous comments on the need to undertake training and awareness-raising activities addressing specifically the issue of equal remuneration for work of equal value, and to ensure that such activities do not reinforce stereotyped views regarding women’s capabilities and social roles. The Committee, therefore, once again urges the Government to undertake awareness raising and training, in cooperation with workers’ and employers’ organizations, specifically addressing the principle of equal remuneration for men and women for work of equal value, in order to ensure a better understanding of the issues involved, and promote acceptance and implementation of the principle.

Enforcement. The Committee notes the Government’s statement that a number of measures have been taken to improve the ability of labour inspectors to detect and resolve inequality in wages for work of equal value. The Committee asks the Government to provide specific information on the training provided to labour inspectors, stating in particular how the issue of equal remuneration is addressed. Please also provide information on the number and nature of equal pay violations identified by the labour inspectors, or complaints received, and how they have been addressed, including any sanctions imposed.

Statistics. The Committee thanks the Government for providing statistics of average wages, disaggregated by sex, main occupation, and economic activity for 2007. The Committee notes that the statistics indicate that women generally remain concentrated in the lowest wage bands. The Committee also notes the information provided by the Government on the measures taken to provide more employment opportunities for women. The Committee asks the Government to continue providing such statistics, and to take measures to provide women with opportunities to access a wider range of jobs, including those traditionally reserved for men, and in particular, to gain access to higher paying jobs and positions, and to provide information in this regard.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Work of equal value. The Committee has over a number of years expressed the hope that full legislative expression would be given to the principle of equal remuneration for work of equal value. The Committee noted in its previous comments that the new Labour Code, which came into effect on 23 April 2006, contained no reference to equal remuneration for men and women for work of equal value. The Committee notes the Government’s assertion that the law is applied equally to men and women, and no laws set out separate wage rates for women and men. The Government also states that the provision providing that employers are obliged “to treat men and women employees on equal terms as regards remuneration when the conditions and circumstances of the work are the same” (Order No. 37 of 1994) covers the principle of the Convention.

The Committee recalls that neither the absence of separate wage rates for women and men nor the absence of legislative provisions discriminating against women is sufficient to apply fully the principle of the Convention, because the concept of equal value is not addressed. Nor does Order No. 37 address work of equal value, as it is limited to work that is undertaken under the same conditions and circumstances, whereas the Convention also requires comparisons between jobs that are carried out under different conditions and circumstances. The Committee draws the Government’s attention to the Committee’s 2006 general observation underscoring the importance of providing expressly for equal remuneration not only for work that is equal, the same or similar, but also for work that is of an entirely different nature, but which is nevertheless of equal value. This is particularly important given that occupational sex segregation remains a prominent feature of the Saudi labour market. The Committee stated in its general observation that legal provisions which are narrower than the principle as laid down in the Convention, hinder progress in eradicating gender-based pay discrimination against women at work as they do not give expression to the concept of “work of equal value”. The Committee, therefore, asks the Government to take the necessary measures for the adoption of legislation to ensure application of the principle of equal remuneration for men and women for work of equal value in both the public and private sectors, and to provide information on the steps taken to this effect.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the report of the Government and the documentation attached thereto. The Committee also notes the report of the high-level mission which took place in September 2006, concerning the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

1. Legislative developments. The Committee notes that the new Labour Code, which came into effect on 23 April 2006, contains no reference to equal remuneration for men and women for work of equal value. The Committee recalls in this respect that it had previously expressed the hope that the new Labour Code would give legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s statement that “the Labour Code is mainly based on the principle of equal remuneration for both sexes”. The Government goes on to indicate, however, that the issue of wages is left to employers and workers. Given the absence of a specific provision regarding equal remuneration between men and women for work of equal value, the Committee asks the Government to clarify how the Labour Code is based on this principle, and what redress is available to workers under the Labour Code where there is a violation of the principle of equal remuneration between women and men for work of equal value.

2. Equal value. The Committee recalls that it has been commenting for a number of years regarding Order No. 37 of 1994, which obliges employers “to treat men and women employees on equal terms as regards remuneration when the conditions and circumstances of the work are the same”. The Committee has brought to the Government’s attention on a number of occasions the fact that the concept of “work of equal value” set out in the Convention requires a broader scope of comparison than only between jobs performed under the same conditions and the same circumstances. The Government has not provided any information from which the Committee could conclude that the broader principle of the Convention is being applied in practice. The Committee recalls that “work of equal value” allows comparisons between work of a different nature and work carried out under different conditions or for different employers. Providing for a comparison based on the value of work, rather than requiring work to be performed under the same conditions and in the same circumstances, is particularly important given that men and women are often concentrated in different jobs, and jobs typically performed by women are undervalued. The Committee urges the Government to take measures to ensure the application of the principle of equal remuneration for men and women for work of equal value in both the public and private sectors, allowing a comparison of jobs which, though carried out under different conditions and circumstances, are of equal value.

3. Occupational segregation. The Committee notes the Government’s indication that, when men and women hold the same positions in the public sector, they are paid the same wage determined on the basis of qualifications, whereas in the private sector, salaries are determined on the basis of supply and demand. The Government also indicates some of the factors that influence the differences in salaries of men and women, including the paucity of women working in the private sector, and the concentration of women in specific occupations, such as in education and health. The Committee also notes in this regard the findings of the high-level mission regarding the low labour force participation of women, which can be attributed to traditional values concerning the role of women in the family, and attitudes regarding the primacy of men in the workforce. Women’s income from employment is considered as secondary income. The Committee also notes that, under the new Labour Code, women are restricted in the types of jobs they may do, and are only to work in fields suitable to their nature (section 149). In this regard, reference is also made to the Committee’s comments under Convention No. 111. While noting that more fields are opening up to women slowly, the Committee concludes from the statistics provided by the Government that women continue to be concentrated in particular fields, such as social and community services, and are virtually absent from other areas, such as electricity, gas and water services, and communications and transport. The Committee points out that social stereotypes that deem certain types of work as suitable for men or women are likely to lead to unequal wages for men and women for work of equal value. Such stereotypes, based on traditional assumptions concerning gender roles in the labour market and in society, including those relating to family responsibilities, channel women and men into different education and training and subsequently into different jobs and career tracks. This occupational gender stereotyping results in certain jobs being held almost exclusively by women, resulting in “female jobs” being undervalued for purposes of wage rate determination. Recalling that wage inequalities may arise due to the segregation of men and women into certain sectors and occupations, the Committee asks the Government to provide information on the measures taken or envisaged to improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented, with a view to reducing inequalities in remuneration that exist between men and women in the labour market.

4. Promotion of the principle of the Convention. The Committee recalls its previous request to the Government for information on any promotional campaigns or training sessions it may have held to develop awareness of workers and employers of the importance of promoting the principle of equal remuneration for men and women for work of equal value. The Government indicates in this regard that while the Ministry of Labour organizes from time to time training sessions in areas related to labour, it has not yet addressed the issue of equal remuneration, though this will be considered in future. The Committee notes the information provided by the Government regarding programmes aimed at raising awareness of women regarding job opportunities, in particular those undertaken by the Chamber of Industry and Commerce. Some of the other initiatives noted by the Government, however, focus on jobs that are considered “suitable” for women, thus potentially reinforcing stereotyped views regarding women’s capabilities and social roles. The Committee notes that there do not appear to have been any training or awareness-raising activities addressing specifically the issue of equal remuneration for work of equal value. The Committee urges the Government to undertake awareness raising and training, in cooperation with employers’ and workers’ organizations, specifically addressing the principle of equal remuneration for men and women for work of equal value, in order to ensure a better understanding of the issues involved, and promote acceptance and implementation of the principle.

5. Enforcement. The Committee notes the Government’s statement that determining equal pay is ensured through the review of salaries undertaken at the level of the undertaking by the labour inspectorate and through complaints of workers to the labour office. The Government states further that no complaints regarding equal pay have been received, and no violations have yet been registered. The Committee recalls in this regard that the absence of complaints does not necessarily indicate an absence of violations, but rather a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

6. Statistics. The Committee notes the statistical information provided in the Government’s report under this Convention and pursuant to Convention No. 111. The Committee notes that, for the year 2000, the Government has provided statistics disaggregated by sex, wage category and economic activity, indicating that women are generally concentrated in the lowest wage bands. However, while the Government has provided some statistics from 2005, the same economic activity categories are not used, and there is no indication of the distribution of men and women by level of responsibility or wage category. The Committee recalls the importance of providing comparable statistics to enable an accurate assessment of any progress made over time. The Committee, therefore, asks the Government to provide comparable detailed statistical information on the earnings of men and women at each level within various occupational categories.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Statistical information. The Committee notes the Government’s statement that studies published by the Department of Public Statistics and the Ministry of Economy have not been able to identify any gender pay discrimination, but that currently there are no available statistics on the subject. The Committee wishes to draw the Government’s attention to its 1998 general observation in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. The Committee hopes that the Government will begin to gather statistical information on the wages and conditions of women, disaggregated by sex, and that it will provide them with its next report.

2. Training programmes. The Committee notes from the attached documentation that the General Administration Institute provides general training programmes for men and women, and that statistical information is provided on the number of women graduating between 1999 and 2003. It further notes that the Chamber of Industry and Commerce carries out training programmes for men and women in the private sector. However, the Committee would like to draw the Government’s attention to the fact that inequalities and disparities that may exist in practice between the wages of men and women workers often result from a number of factors, such as lower, less appropriate and less career-oriented education, training and skills levels for women; horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower level positions without promotion opportunities; household and family responsibilities being primarily borne by women and pay structures (see General Report of the Committee on the Application of International Labour Standards, 2001, paragraph 40). The Committee asks the Government to provide more detailed information with its next report about any promotional campaigns or training sessions it may have held to develop the awareness of workers and employers on the importance of promoting the principle of equal remuneration for work of equal value. It also reiterates the request it has made to the Government for many years now to provide information on measures taken or envisaged to promote the application of Order No. 37 of 9 February 1994 (1415H) with the cooperation of employers’ and workers’ organizations.

3. Labour inspections. The Committee notes the Government’s statement that the central administration for labour inspection at the Ministry of Labour is responsible for the labour inspections that are carried out, including the application of Order No. 37 of 9 February 1994 (1415H), which reflects the principle of equal remuneration, though it refers only to situations in which "conditions and circumstances of the work are the same". It recalls the importance of comparing the value of jobs that are different, especially in labour that is segregated by sex as in Saudi Arabia (see comments on Convention No. 111). The Committee asks the Government to provide detailed information with its next report on the activities carried out and methods used by the labour inspection service to promote and ensure the principle of equal remuneration for men and women workers for work of equal value. The Committee also asks the Government to provide information with its next report on the procedures available for lodging complaints of unequal treatment in both the private and public sectors, and the outcome of any complaints that have been made relating to the principle of equal remuneration.

4. Revision of the Labour Code. The Committee notes the Government’s statement that the draft Labour Code is currently under consideration within the Shoura Council and that the Government will provide the Office with a copy once it has been promulgated. The Committee expresses its hope that the principle of equal remuneration for men and women workers for work of equal value will be embodied in the new Labour Code.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report.

1. Referring to its previous request for statistical data on the average earnings of men and women in the private sector and the distribution of men and women according to income levels in the public service, the Committee reiterates it hopes that the Government will provide this information as soon as it becomes available.

2. The Committee notes the Government’s statement that general training programmes for men and women are held to facilitate the obtainment of jobs in the private and public sectors. The Committee asks the Government to provide copies of the programme materials and indicate the manner in which these programmes serve to equip women to enter higher paying positions and occupations.

3. The Committee notes that the Government has not responded to its previous request for specific information on the efforts to promote the application of Decree No. 37 with the cooperation of employers’ and workers’ organizations. The Committee asks the Government to provide this information in its next report.

4. The Committee understands that the revision of the Labour Code is currently under consideration. It expresses its hope that the principle of equal remuneration for work of equal value between men and women will be embodied in the new code.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report.

1.  The Committee notes the Government’s statement that the statistical data on the average earnings of men and women in the private sector and the distribution of men and women according to income levels in the public service, as requested in the previous direct request and in connection with the general observation of 1998 on the application of the Convention, are not available at the moment. The Government nonetheless will undertake to send the information as soon as it becomes available. The Committee notes in this connection that a programme on the preparation and development of information on the labour market is currently being implemented by the Ministry of Social Affairs and Labour in cooperation with the Turin International Training Centre and the United Nations Development Programme (UNDP). The Committee looks forward to receiving this information with the Government’s next reports.

2.  With reference to point 2 of its previous direct request, in which it noted the low percentage of women in the public service, the Committee again asks the Government to provide information on any measures taken or envisaged to apply the principle of the Convention in practice within the public service. It recalls that these measures may include public information and awareness-raising campaigns on equal remuneration, and general programmes to promote equal opportunities and treatment for men and women in the fields of vocational training and access to employment and occupation.

3.  The Committee notes that, in reply to point 3 of its previous direct request, the Government is pursuing its efforts to promote the application of Decree No. 37 with the cooperation of employers’ and workers’ organizations. It would be grateful if the Government would provide specific information on these measures with its next reports.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information in the Government's report.

1. In its previous observation, the Committee has noted with interest the adoption of Decree No. 37 of 9/2/1415 H (9 February 1996), and in particular section 1 of the Decree which laid down "the obligation on employers to treat men and women employees on equal terms as regards remuneration when conditions and circumstances of the work are the same". The Committee had requested information on the manner in which the new Decree was applied in practice in particular in regard to the concept of "work of equal value" as contained in Article 2, paragraph 1, of the Convention. In its report, the Government states that the adoption of this Act was intended to codify the practice already in existence in the country and that no problems in practice have arisen. The Government indicates again that the methods followed to apply the principle in the private sector are based on legislative provisions and it refers to section 8 of the Labour Code. Finally, the Government indicates that no statistics are available concerning the minimum wage rates and actual earnings of men and women. The Committee notes this information and refers to its statement in paragraph 253 of its General Survey on equal remuneration, 1986, that it is "hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to the Convention without further details being provided". In this respect, the Committee draws the attention of the Government to paragraph 253 of the above-mentioned General Survey in which it states that once legal tools for implementing the principle are developed, the more the existence of problems in practice may be brought to the surface, thus initiating further progress. The application of the principle therefore occurs in successive stages with each step giving rise to the discovery of new difficulties or problems and consequently leading to new remedial provisions to solve them. The Committee has repeatedly emphasized the importance of having statistical data so as to have a clear indication of the nature and the extent of the application of the Convention. In this regard, it also draws the attention of the Government to its general observation on this Convention. The Committee requests the Government to collect the necessary statistical and other information on the average earnings of men and women in the private sector to enable the Committee to assess the progress towards the achievement of equal remuneration between men and women for work of equal value.

2. With regard to the application of the principle in the public sector, the Committee has previously noted the description of the classification of jobs established by the Public Service Council and the statistics provided by the Government showing the low overall percentage of women employed in the public administration. The Committee requests the Government to provide information on the number of men and women corresponding with the various grades and functions in the job classification guide and an indication of their remuneration. Please also provide information on any other measures taken or contemplated which contribute to the effective realization of the principle of the Convention in the public service. Such measures may include public information and awareness-raising campaigns on equal remuneration and general programmes to promote equal opportunity and treatment for men and women in the fields of vocational training and access to employment and occupation.

3. Noting once again the important role that workers' and employers' organizations can play in giving effect to the provisions of the Convention (Article 4), the Committee asks the Government to indicate in its next report the methods of cooperation with the employers' and workers' organizations in the country, particularly in applying Decree No. 37.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee takes note of the Government's reports and of the discussion which took place in the Conference Committee on the Application of Standards in 1994.

1. The Committee notes with interest the adoption of Decree No. 37 of 9/2/1415 H (9 February 1996) supplied by the Government, section 1 of which lays down for the first time "The obligation on employers to treat men and women employees on equal terms as regards remuneration when the conditions and circumstances of the work are the same". It also notes that, according to the Government's reports, this Decree ensures the principle of equal remuneration between men and women workers "for work under equal conditions and circumstances".

2. The Committee notes, however, that the Government's reports give no further indications of how this new legislation - which is aimed specifically at giving effect to the Convention - ensures application in practice of the concept of "work of equal value" as contained in Article 2, paragraph 1, of the Convention, a concept that is wider than the actual text of section 1 of the Decree. It accordingly refers the Government to paragraphs 19 and 44 to 50 of the 1986 General Survey on equal remuneration, where the Committee explains how this Convention goes beyond a reference to the same or similar work or work carried out in the same conditions, in choosing the value of the work as the point of comparison. The Committee would therefore appreciate receiving in the Government's next report on this Convention, an indication of the application in practice of Decree No. 37, for example, through statistics concerning the minimum wage rates and actual average earnings of men compared to those of women in the private sector, if possible, broken down by occupation, branch of activity and seniority. It recalls that it had stressed in its previous direct request the importance of having recent statistical information in order to be able to evaluate the application of the Convention.

3. Noting in this connection the important role that workers' and employers' organizations can play in giving effect to the provisions of the Convention (Article 4 of the Convention), the Committee would ask the Government to indicate in its next report the methods of cooperation with the employers' and workers' organizations in the country, particularly in applying Decree No. 37.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee emphasized in its previous comments the importance of having adequate statistical data so as to have a clear indication of the nature and extent of inequalities and to elaborate measures to overcome them. The Committee notes the Government's statement that the undoubted application, in law and in practice, of the Convention excludes any inequalities and makes statistical research unnecessary. With reference to its above comments, the Committee stresses that it is useful to have statistical information in order to evaluate the manner in which the Convention is applied in practice. The Committee recalls that the assistance of the Office can be requested for the compilation of such data. It hopes that the Government will supply with its next report the minimum wage rates and average actual earnings of men and women in the private sector, if possible by occupation, branch of the activity, seniority and level of qualifications, with an indication of the corresponding percentage of women.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to the comments which it has been making for many years, the Committee notes the Government's statement in its report that no legal or other measures have been taken relating to the application of the Convention.

1. The Committee recalls that there is no legislative provision which prohibits wage discrimination on the basis of sex or which establishes equal remuneration for men and women workers for work of equal value. Nor does there exist a system of remuneration which is established or recognized by the national legislation, or by collective agreements. The Committee notes that the Government once again repeats its previous statements that the Convention is applied in the private sector by section 8 of the Labour Code (which provides that the contractor is obliged to provide workers in his service with the same rights and advantages, including wages, as those given by the initial employer to his workers), through observance of the legislative principle of equality and equity between workers for equivalent work, which is an inviolable right by virtue of the supremacy of the Shariah (which constitutes the fundamental law) which preaches equality between individuals without distinction based on, among others, sex, and whose principles constitute legislative injunctions which attenuate any shortcomings in the Labour Code. The Government refers once again to the decision of the Higher Commission for the Settlement of Disputes, according to which a worker can claim equal treatment as compared to colleagues only when circumstances and qualifications are equal.

2. The Committee notes that the Government considers that the wording of Article 2 of the Convention is sufficiently flexible to allow it to select the means which it wishes to use to give effect to the Convention and that the provisions of the legislation which are in force are sufficient in this respect. It also considers that equal remuneration is fully applied without difficulties in practice on the basis of equal qualifications, experience and conditions of work. However, the Government does not supply information (such as wage scales, statistics on minimum and average earnings, the distribution of men and women in the workforce, texts of collective agreements) enabling the Committee to evaluate how this principle is applied in practice.

In its 1986 General Survey on Equal Remuneration, the Committee emphasized in paragraph 253 that it is "hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to the Convention, without further details being provided. By its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties". Furthermore, the Committee draws the Government's attention to the terms of Article 2, paragraph 1, of the Convention which refer expressly to "work of equal value", the concepts of which were developed by the Committee in paragraphs 44 to 78 of its 1986 General Survey. As regards the choice of the means adopted to apply the principle contained in the Convention, the Committee notes that none of these means has been used by the Government to give full effect to the Convention. Furthermore, it considers that the Government's interpretation by analogy of the existing legal provisions does not suffice to guarantee that equal remuneration for men and women workers for work of equal value is respected in all sectors.

3. The Committee requests the Government to re-examine the situation in the light of the above comments and to take the necessary measures to give effect to the Convention, particularly in the private sector. This could be done, for example, by inserting in the Labour Code a specific clause requiring equal remuneration for men and women workers for work of equal value, or by a special decision to this effect by the Higher Commission for the Settlement of Disputes so as to impose expressly on employers in the private sector the obligation to apply the principle set out in the Convention. The Committee trusts that the Government will be in a position to indicate in its next report that progress has been made in this respect. The Committee reminds the Government that the Office is at its disposal for any technical assistance that might help overcome the difficulties in the application of the Convention.

4. The Committee is addressing a direct request to the Government on other points.

[The Government is asked to supply full particulars to the Conference at its 81st Session.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In the comments it has been making for many years on the application of the Convention, the Committee has noted that no national legislation exists to give effect to the Convention and that, in the absence of statistical data, it has not been in a position to evaluate how the Convention is being applied in practice.

1. The Committee notes that, according to the Government's report, there has been no new legislative measure adopted concerning the application of the Convention. The Government states again that the Labour Code does not authorize discrimination in remuneration between workers for equal work and in equal working conditions since its section 8 requires the subcontractor to provide workers in his service with the same rights as those given by the initial employer. It mentions a decision of the Higher Commission for the Settlement of Disputes according to which a worker can claim equal treatment as compared to colleagues only when circumstances and qualifications are equal.

The Committee recalls that by virtue of the provisions of Article 2 of the Convention the Government has committed itself to promoting and, where necessary, ensuring the application of the principle of the Convention by means of national laws, legally established or recognized machinery for wage determination, collective agreements or a combination of these various methods. To date, none of these measures appears to have been used to apply the Convention in the private sector. The Committee therefore hopes that the Government will take appropriate measures, for example by inserting a specific clause in the Labour Code concerning equal remuneration between men and women for work of equal value or through a decision of the Higher Commission for the Settlement of Disputes specifically on this issue, so as to impose expressly on employers in the private sector the obligation to apply the principle contained in the Convention. It hopes that the next report will indicate progress made in this direction.

2. The Committee notes the Government's statement that it still does not have statistics concerning wage levels and average income of men and women in the private sector. In this respect, the Committee refers to paragraph 248 of its 1986 General Survey on Equal Remuneration and its 1990 general observation, in which it stresses the importance of having adequate statistical data so as to have a clear indication of the nature and extent of inequalities and to elaborate measures to overcome them. The Committee reiterates its hope that the Government will take the necessary measures, perhaps using the technical assistance of the Office, to collect statistical data concerning wage levels and average income of men and women in the private sector, broken down if possible by profession, branch of activity and level of qualifications, and that it will be able to provide this information in its next report.

3. With regard to the public service, the Committee notes that the Government repeats its description of the classification of jobs established by the Public Service Council and repeats its statement that the principle of the Convention is applied in practice. The Committee is pursuing this question in an observation under Convention No. 111.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In its previous direct request the Committee noted that the reports supplied by the Government since 1978 have not shed light on the extent to which the Convention is applied in practice. The Government has consistently indicated that the problem of discrimination in remuneration on the basis of sex does not exist in the country and in particular that no provision of the legislation either authorises or envisages discrimination in this respect. It also referred to the job classification systems which, it has indicated, preclude any possibility of discrimination on grounds of sex. The Committee noted that there are no legislative provisions which are discriminatory but nor are there any provisions which forbid discrimination in respect of remuneration on the grounds of sex or which make obligatory the principle of equal pay for men and women workers for work of equal value.

In its last report, the Government reiterates its statement that the principle embodied in the Convention is applied in practice. It states that the provisions of the conditions of employment of the public service relating to job classification on the basis of an objective evaluation of jobs exclude any possibility of discrimination. With regard to the private sector, it refers to section 8 of the Labour Code, which provides that the subcontractor is obliged to provide workers in his service with the same rights and benefits as those given by the initial employer and states that equality is therefore obligatory, and that this includes remuneration, and that by virtue of the principles of legal analogy, the employer is obliged to establish equality between his or her workers in respect of remuneration for equal work and equal working conditions, skills and experience. It concludes that there is therefore no reason to include in the legislation a text affirming equality or prohibiting any discrimination in relation to remuneration. Such a text, in addition to section 8 above, which is a general text that does not provide for any discrimination between workers on grounds of sex, would be completely superfluous.

The Committee notes that under the terms of section 8 of the Labour Code, "if the employer trusts to a natural or juridical person one of his principal operations or any part thereof, the latter shall give his or its employees all the rights and privileges granted by the employer to his own employees and both shall be jointly and severally responsible for such rights and privileges." The Committee requests the Government to indicate the judicial or other decision under which this section is interpreted as imposing upon all employers covered by the Labour Code the obligation of ensuring equality between all employees in their service, and in particular equal remuneration for men and women workers for work of equal value.

The Committee has also noted that, once again, the Government states it is not in a position to supply statistical data relating to the wages of men and women in the private sector.

The Committee draws the Government's attention to Article 2, paragraph 1, of the Convention, under which each Member which has ratified the Convention shall promote and, where appropriate, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value. Paragraph 2 of that Article provides that this principle may be applied by means of: (a) national laws or regulations; (b) legally established or recognised machinery for wage determination; (c) collective agreements between employers and workers; or (d) a combination of these various means. The Committee observes that, according to the information supplied by the Government up to the present time, none of these means seems to have been used up to now to implement the principle set out in the Convention and the Government has not taken any positive measures to give effect to the Convention. Moreover, since no statistical data is available, the Committee is unable to assess objectively the extent to which the Convention is applied.

The Committee hopes that the Government will reconsider its position as regards the need for legislative provisions explicitly giving effect to the principles set out in the Convention and that it will indicate in its next report the measures that have been taken or are envisaged in this respect.

In addition, the Committee trusts that the Government will endeavour to collect statistical data on wage rates and average earnings of men and women in the private sector, if possible by occupation, branch of activity, seniority and skill levels, as well as the corresponding percentage for women, and that it will supply this information in its next report.

With regard to the public service, the Committee requests the Government to indicate the functions or jobs corresponding to each of the grades set out in the salary scale for officials and for employees, and the number and percentage of women in the various grades and the functions or jobs that they perform.

[The Government is asked to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has reviewed the reports supplied by the Government since the Convention's ratification in 1978, and in particular its latest report. It notes that the questions it has raised and the replies furnished by the Government have not made clear the extent to which the Convention is applied in practice; nor do they appear to have made it clear to the Government why these questions have been raised repeatedly.

The Committee recalls that the Government has consistently indicated that the problem of discrimination in remuneration on the basis of sex does not exist in the country, and in particular that no provision of the legislation authorises or embodies any discrimination on the basis of sex. The Government has also referred to systems of job classification which it has indicated preclude the possibility of sex-based discrimination.

The Committee has requested information on various occasions on different aspects of the system for fixing wages, in both the public and private sectors, in relation to the principle laid down in the Convention. While it is clear, from the information available, that no legislative provision is in itself discriminatory, the Committee has not so far been informed that the Government has taken positive measures to "promote and, in so far as is consistent with" the measures in use for determining remuneration, "ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value" (Article 2(1) of the Convention). For instance, there are no legislative provisions which forbid discrimination on the basis of sex, or which make obligatory the principle of equal pay for work of equal value. While these are not the only methods by which the Convention can be applied (see Article 2(2)) there are also no collective agreements, nor have any positive expressions of this policy been notified to the Committee.

Finally, the Government has so far been unable to supply statistical data indicating the wages actually paid to men and women in the private sector, nor has it indicated how the principle of the Convention is applied to elements of remuneration higher than the basic wage in the public sector, nor have the bases of job classifications been indicated.

The Committee therefore hopes that in its next report the Government will provide information which will clarify any positive measures it has taken to apply the principle of the Convention, and that it will be able to indicate the wages actually paid to men and women workers in the private sector.