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Equal Remuneration Convention, 1951 (No. 100) - Guinea (Ratification: 1967)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1 to 4 of the Convention. Assess and eliminate gender wage gaps The Committee notes the Government’s indication that it envisages strengthening the operational capacities of the National Labour Observatory to enable it to conduct surveys to collect and process statistical data on progress achieved by men and women in the public and private sector, which has so far proved impossible due to difficulties within the country. In this regard, the Committee recalls that, to genuinely address the gender pay gap, it is necessary to have more complete information in order to make an adequate assessment of the nature, extent and causes of the gender wage differential and of progress made in applying the principles of the Convention. It further recalls that it is indispensable to analyse the position and pay of men and women in all job categories, within and between sectors, to address fully the continuing remuneration gap between men and women (see the 2012 General Survey on the fundamental Conventions, paragraphs 887–888). In this regard, the Committee hopes that the Government will soon be in a position to: (i) take appropriate steps to be able to collect, process and analyse data, disaggregated by sex, on the employment rate of men and women, by economic sector and if possible by occupational category, and on their respective average wages; and (ii) communicate available statistical data.

Article 1(a). Additional benefits, Family allowances. Public service. The Committee recalls that the Government indicated previously that in the public service, family allowances were in practice reserved for fathers. The Committee notes that under Act No. L/2019/0027/AN of 7 June 2019 issuing the Civil Servants Regulations, only female public servants that are unmarried, heads of families, and only a woman public servant of whom the husband is not a public servant shall have the right to advantages accruing from family allowances (section 21). The Committee deduces from these provisions that where both wife and husband are public servants, it is the latter who shall have the right to the advantages accruing from family allowances. It notes however the Government’s indication that Act No. L/2019/0027/AN is currently under review and that the Government envisages submitting proposals regarding payment of family allowances in the public service to the commission established to review the Act. The Committee requests the Government to take measures so that the provisions of Section 21 of the abovementioned Act and the practice whereby payment of family allowances is made systematically to the father when both spouses are public servants are modified, to ensure that both parents may have access to family allowances on an equal footing and as they so choose. It requests the Government to transmit information on all progress made in this connection.

Articles 1(b) and 2(2)(b). Equal remuneration for work of equal value. Legislation. The Committee notes that the Labour Code is under revision and that, in the draft submitted to the ILO for comment, new draft section 241.2 [An employer shall ensure, for the same work or work of equal value, equality of remuneration for workers in the same category and the same grade, irrespective of their origin, sex and age […]” gives a more restrictive formulation of the section currently in force, to the extent that it still places the obligation on the employer to “ensure equality of remuneration for the same work or work of equal value”, but only “for workers in the same category and the same grade”. Yet, according to the practice of the Committee, the concept of “work of equal value” implies the possibility of making the broadest possible comparisons, going beyond the same category or the same grade, particularly since women often hold employment, occupations of functions that are paid less or are lower in the hierarchy and lack promotion prospects (vertical occupational segregation and the glass ceiling). Indeed, it is essential to be able to compare the value of work in occupations where the work may demand skills, and also involve responsibilities and different working conditions, or be classed in different categories or grades, especially where the occupational classifications have not been established or reviewed on the basis of a job evaluation method free from gender bias. The Committee requests the Government, during its revision of the Labour Code, to review draft Section 241.2 – whose current wording is in conformity with the Convention – so that it gives full expression to the principle of equal remuneration for women and men for work of equal value without restriction, by removing the reference to the same category and the same grade.

Articles 1 and 2. Measures aimed at applying the principle of equal remuneration for work of equal value in the private sector. The Committee requests the Government to refer to its previous comments and, in the light of paragraphs 710 to 730 of its 2012 General Survey, to provide information on: (i) proactive measures taken to effectively promote equal pay for men and women as established in the Labour Code; for modernizing the job classification systems by making use of objective evaluation methods; and for combatting stereotypes concerning the aspirations and capabilities of women and their suitability for certain jobs; and (ii) awareness-raising and information activities on non-discrimination and equal pay.

Measures aimed at applying the principle of the Convention in the public service. Job evaluation and classification. The Committee requests the Government to take measures, in collaboration with workers’ organizations, to review the evaluation and classification methods for jobs in the public service in order to: (i) ensure that one of the objectives of that method is equality of remuneration for men and women for work of equal value; and (ii) that the method is based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions, with a view to ensuring that job evaluations and wage scales in the public service are free of all gender bias.

Article 2(2)(c). Collective agreements. The Committee notes the Government’s indication that it envisages: (1) improving the provisions of the collective agreement in the mines and quarries sector concerning equality of remuneration for men and women for work of equal value in consultation with the social partners concerned; and (2) following that process for other collective agreements at the time of their revision. It notes that the Government requests ILO assistance in this regard. The Committee requests the Government to provide information on the clauses of the collective agreement in the mines and quarries sector concerning equality of remuneration, as well as on any other collective agreement that provides for application of the principle of the Convention.

Article 4. Collaboration with employers’ and workers’ organizations. The Committee notes that a draft revision of Order No. 1396/MASE/DNTLS/90, on categorizing jobs in the private and assimilated sectors, was elaborated and submitted for adoption by the Labour and Social Legislation Advisory Committee (CCTLS), then transmitted to the Ministry of Labour. The Committee requests the Government to provide information on: (i) the adoption and the content of the draft revision of Order No. 1396/MASE/DNTLS/90, on categorizing jobs in the private and assimilated sectors; (ii) all other specific CCTLS activities relative to the principle of the Convention, especially regarding the concept of equal “value”; and (iii) any steps taken to collaborate with the social partners to give effect to the Convention, including when determining wage levels.

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

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. In its previous comment, the Committee pointed out that Act No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code establishes the principle of equal remuneration for employees, irrespective of their origin, sex and age, for work of equal value (section 241.2), and requested examples of its application in practice. The Government indicates in this regard that it intends to continue the process of publicizing the provisions of the Labour Code, which began in the capital in 2016, by organizing awareness-raising activities in the seven administrative regions of the country once the necessary resources have been mobilized. It states that a workshop on human resources management was organized in 2019 with employers from the mining, oil and industrial sectors. While noting this information, the Committee recalls that the adoption of legislation with a view to applying the principle of equal remuneration for men and women workers for work of equal value is important, but not sufficient to achieve the objectives of the Convention. The Committee draws the Government’s attention to the fact that to promote application of the principle of equal remuneration for men and women workers for work of equal value, it is necessary to eliminate the persistent underlying causes of pay discrimination. In particular, it is important to combat gender stereotypes and occupational segregation (the fact that men and women do not perform the same work or occupy the same jobs, or else occupy jobs of different levels). It is also necessary to adopt proactive measures, such as the inclusion in public procurement, the adoption of codes of conduct, equal pay plans or processes, the formulation and diffusion of pay valuation guides, the modernization of job classification systems, job appraisal, granting pay equity benefits to compensate for past pay differentials based on sex, issuing of wage guidelines and, above all undertaking surveys to identify the fields where there are wage gaps (2012 General Survey on the fundamental Conventions, paragraphs 710 to 730). The Committee also notes that the Government indicates that it intends to seek the support of technical and financial partners, including the ILO, to organize training on the theme of equal remuneration for men and women for work of equal value. The Committee requests the Government to take proactive measures to promote effectively equal remuneration for men and women, as provided by the Labour Code, in particular to combat stereotypes concerning the aspirations and capabilities of women and their aptitude for certain jobs. The Committee encourages the Government to continue publicizing the Labour Code throughout the territory, in particular its provisions on non-discrimination and equal remuneration, and requests it to provide information on the activities undertaken in this regard and the public reached.

Application of the principle of the Convention in the public service. In its previous comment, the Committee stressed that the principle of equal remuneration for men and women for work of equal value was not laid down in Act No. L/2001/028/AN issuing the Civil Servants Regulations. The Committee notes that the Government, in its reply, indicates that job classification and wage scales are based on the level of academic training and affirms that it is therefore very difficult to undervalue jobs primarily occupied by women. The Committee also notes that the Government indicates that the total number of public servants as 108,661, of whom 32,831 are women (about 30 per cent). The Committee recalls that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (2012 General Survey, paragraph 701). The Committee considers that the classification system used, as it is based on one single criterion (the level of academic training), cannot objectively evaluate the job itself and could have the effect of undervaluing certain tasks, and consequently certain jobs, including those primarily occupied by women. The Committee recalls that an objective job evaluation method, to establish a classification and fix wages accordingly, implies an analysis for each job concerned of its content on the basis of qualifications (not solely academic), but also the skills, effort (physical but also mental) and responsibilities (in relation to people as well as equipment), as well as the working conditions (noise, etc.) of the job in question. Furthermore, very often, when equal remuneration for work of equal value is not one of the objectives expressly foreseen by the evaluation and classification method, there is a high risk of the method reproducing sexist stereotypes. In light of the above, the Committee requests the Government to take measures, in collaboration with workers’ organizations, to review the evaluation and classification methods for jobs in the public service to ensure that they are based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions, with a view to ensuring that job evaluations and wage scales in the public service are free of all gender bias.

Article 1(a). Additional benefits. Family allowances. Public service. The Committee notes the Government’s indication that in the public service family allowances are reserved in practice for fathers. The Government further indicates that men and women public servants have equal access to the payment of other allowances and benefits provided by Act No. L/028/AN/2001 issuing the Civil Servants Regulations. The Committee observes that the Civil Servants Regulations do not contain provisions that exclude women public servants from the right to family allowances when both parents are civil servants. It draws the Government’s attention to the fact that this type of practice can reinforce stereotypes with regard to the aspirations, preferences and capabilities of women and their role and responsibilities in society, thus exacerbating labour market inequalities. The Committee also draws the Government’s attention to paragraph 693 of the 2012 General Survey on the fundamental Conventions, which raises the possibility of allowing both spouses to choose who would benefit from the allowances, rather than that they should be paid systematically to the father. In light of the principles of equal remuneration and gender equality, the Committee requests the Government to review the practice of paying family allowances systematically to the father when both spouses are civil servants so as to ensure that they can both enjoy equal access to family allowances. The Committee requests the Government to provide information on the progress achieved in this regard.

Article 2(2)(c). Collective agreements. The Committee notes the Government’s commitment to take measures to encourage the employers’ and workers’ organizations to incorporate the principle of equal remuneration for men and women for work of equal value into the collective agreements, as the Committee requested in its previous comment. The Committee requests the Government to provide information on all measures taken in this regard and, where appropriate, to communicate the relevant extracts of new collective agreements.

Article 4. Collaboration with employers’ and workers’ organizations. With regard to the activities of the Labour and Social Legislation Advisory Committee (CCTLS), which brings together representatives of the Government and of employers’ and workers’ organizations, the Committee notes the Government’s indication that the CCTLS started operating again in February 2019 and will take the principle of equal remuneration for work of equal value into account. The Committee requests the Government to provide information on the specific activities of the CCTLS related to the principle of the Convention, in particular on the notion of equal “value”, as well as on all measures taken to collaborate with the social partners in order to give effect to the Convention, especially during the establishment or revision of job classifications and wage scales.

Statistics. In the absence of information on this point, the Committee reiterates its request to the Government to take appropriate steps to facilitate the collection and processing of data on the earnings of men and women in the public and private sectors, which is essential to assess implementation of the principle of equal remuneration for work of equal “value”, and trusts that it will soon be able to report progress in this regard. The Government is requested to communicate the available statistical data.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee recalls that Act No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code establishes the principle of equal remuneration for employees, regardless of their origin, sex and age, for work of equal value (section 241(2)). It wishes to draw the Government’s attention to the fact that the application of the Convention involves examining the issue of equality at two levels: (i) at the level of the job (is the work of equal value?); and (ii) at the level of the remuneration (is the pay received by women and men equal?). The concept of “work of equal value” is fundamental for enabling a broad scope of comparison between different jobs or types of work as this allows to take into account not only the same or similar work but also situations in which work done by women and men is of an entirely different nature, as is often the case. Hence account can be taken of the fact that certain jobs or occupations are held predominantly by women and others by men (occupational sex segregation). Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize without gender bias the value of work performed by women and men. For example, the principle of equal pay for men and women for work of equal value has been applied in some countries to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (see 2012 General Survey on the fundamental Conventions, paragraphs 672–675). Lastly, the Committee wishes to recall that the concept of “equal value” implies the adoption of a method to measure and compare the relative value of the various jobs considered. While the Convention does not prescribe any specific method for such an examination, Article 3 does presuppose the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. In order to enable the effective application of the principle established by the Convention, the Committee requests the Government to take the necessary steps to raise awareness of the provisions of the Labour Code providing for equal remuneration for men and women for work of equal value (section 241(2)) and to arrange training on this subject in order to raise the awareness of workers, employers and their organizations and also of labour inspectors, judges and other officials responsible for enforcing the provisions of the Labour Code. It once again requests the Government to take specific steps, including as part of the national gender policy adopted in 2011 or in any other appropriate context, to reduce gaps in remuneration between men and women, particularly measures to combat their underlying causes (occupational sex segregation, prejudices and stereotypes concerning the occupational aspirations and abilities of women, and the roles of women and men in society, etc.).

Application of the principle in the public service. The Committee recalls that the principle of equal remuneration for men and women for work of equal value is not laid down in Act No. L/2001/028/AN issuing the Civil Servants Regulations. It also recalls that, even though salaries and bonuses are fixed according to the posts and a statutory pay scale, regardless of sex, the methods and criteria adopted for classifying posts and establishing pay scales, as well as disparities in the access and payment of certain additional benefits or allowances, may give rise in practice to gender discrimination in the public service. The Committee notes the Government’s indication that “Gender and Equity” units run by women have been set up in all ministerial departments and that 1,200 young officials have been recruited over three years as part of the “More young people and women in the administration” programme, but without specifying the relative numbers of young men and women officials. While noting this information, the Committee requests the Government to provide information on the following points: (i) any steps taken to review the classification of posts and ensure that jobs mainly held by women are not undervalued when the classification is undertaken and the corresponding salary scales are drawn up; (ii) any evaluation undertaken to determine whether male and female officials have equal access in practice to the payment of allowances and other benefits provided for in the Civil Servants Regulations; (iii) the activities of the “Gender and Equity” units relating to remuneration in the public service; and (iv) staff numbers in the public service, disaggregated by sex and by category of officials, and the corresponding remuneration.

Article 2(2)(c). Collective agreements. The Committee notes the Government’s indication in its report that in order to combat the underlying causes of pay inequalities, collective agreements have incorporated the principle of equality on the basis of equal working conditions, skills and output. However, it points out that no steps have been taken to review existing collective agreements. The Committee recalls that equal remuneration for work of equal value, as provided for in the Convention, goes beyond equal remuneration for equal working conditions, skills and output and refers to its comments above on the concept of “work of equal value”. The Committee requests the Government to take steps to encourage employers’ and workers’ organizations to incorporate into collective agreements the principle of equal remuneration for men and women for work of equal value established by the Labour Code (section 241(2)) and by the Convention, whenever existing collective agreements are revised or new collective agreements are negotiated.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indications that the Labour and Social Legislation Advisory Committee (CCTLS) has not convened since 2015. Expressing the hope that the CCTLS will soon be in a position to resume its activities and continue its previous work on equal remuneration for men and women for work of equal value, the Committee requests the Government to continue to provide information on the work of the CCTLS and the activities of the social partners in the context of bipartite and tripartite dialogue bodies concerning equal remuneration for men and women.

Statistics. Noting the Government’s undertaking to take appropriate steps to create the necessary conditions for the collection and processing of data on the earnings of men and women in the public and private sectors, the Committee hopes that it will soon be in a position to do so and requests it to send statistical data once they are available.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee recalls that Act No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code establishes the principle of equal remuneration for employees, regardless of their origin, sex and age, for work of equal value (section 241(2)). It wishes to draw the Government’s attention to the fact that the application of the Convention involves examining the issue of equality at two levels: (i) at the level of the job (is the work of equal value?); and (ii) at the level of the remuneration (is the pay received by women and men equal?). The concept of “work of equal value” is fundamental for enabling a broad scope of comparison between different jobs or types of work as this allows to take into account not only the same or similar work but also situations in which work done by women and men is of an entirely different nature, as is often the case. Hence account can be taken of the fact that certain jobs or occupations are held predominantly by women and others by men (occupational sex segregation). Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize without gender bias the value of work performed by women and men. For example, the principle of equal pay for men and women for work of equal value has been applied in some countries to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (see 2012 General Survey on the fundamental Conventions, paragraphs 672–675). Lastly, the Committee wishes to recall that the concept of “equal value” implies the adoption of a method to measure and compare the relative value of the various jobs considered. While the Convention does not prescribe any specific method for such an examination, Article 3 does presuppose the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. In order to enable the effective application of the principle established by the Convention, the Committee requests the Government to take the necessary steps to raise awareness of the provisions of the Labour Code providing for equal remuneration for men and women for work of equal value (section 241(2)) and to arrange training on this subject in order to raise the awareness of workers, employers and their organizations and also of labour inspectors, judges and other officials responsible for enforcing the provisions of the Labour Code. It once again requests the Government to take specific steps, including as part of the national gender policy adopted in 2011 or in any other appropriate context, to reduce gaps in remuneration between men and women, particularly measures to combat their underlying causes (occupational sex segregation, prejudices and stereotypes concerning the occupational aspirations and abilities of women, and the roles of women and men in society, etc.).

Application of the principle in the public service. The Committee recalls that the principle of equal remuneration for men and women for work of equal value is not laid down in Act No. L/2001/028/AN issuing the Civil Servants Regulations. It also recalls that, even though salaries and bonuses are fixed according to the posts and a statutory pay scale, regardless of sex, the methods and criteria adopted for classifying posts and establishing pay scales, as well as disparities in the access and payment of certain additional benefits or allowances, may give rise in practice to gender discrimination in the public service. The Committee notes the Government’s indication that “Gender and Equity” units run by women have been set up in all ministerial departments and that 1,200 young officials have been recruited over three years as part of the “More young people and women in the administration” programme, but without specifying the relative numbers of young men and women officials. While noting this information, the Committee requests the Government to provide information on the following points: (i) any steps taken to review the classification of posts and ensure that jobs mainly held by women are not undervalued when the classification is undertaken and the corresponding salary scales are drawn up; (ii) any evaluation undertaken to determine whether male and female officials have equal access in practice to the payment of allowances and other benefits provided for in the Civil Servants Regulations; (iii) the activities of the “Gender and Equity” units relating to remuneration in the public service; and (iv) staff numbers in the public service, disaggregated by sex and by category of officials, and the corresponding remuneration.

Article 2(2)(c). Collective agreements. The Committee notes the Government’s indication in its report that in order to combat the underlying causes of pay inequalities, collective agreements have incorporated the principle of equality on the basis of equal working conditions, skills and output. However, it points out that no steps have been taken to review existing collective agreements. The Committee recalls that equal remuneration for work of equal value, as provided for in the Convention, goes beyond equal remuneration for equal working conditions, skills and output and refers to its comments above on the concept of “work of equal value”. The Committee requests the Government to take steps to encourage employers’ and workers’ organizations to incorporate into collective agreements the principle of equal remuneration for men and women for work of equal value established by the Labour Code (section 241(2)) and by the Convention, whenever existing collective agreements are revised or new collective agreements are negotiated.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indications that the Labour and Social Legislation Advisory Committee (CCTLS) has not convened since 2015. Expressing the hope that the CCTLS will soon be in a position to resume its activities and continue its previous work on equal remuneration for men and women for work of equal value, the Committee requests the Government to continue to provide information on the work of the CCTLS and the activities of the social partners in the context of bipartite and tripartite dialogue bodies concerning equal remuneration for men and women.

Statistics. Noting the Government’s undertaking to take appropriate steps to create the necessary conditions for the collection and processing of data on the earnings of men and women in the public and private sectors, the Committee hopes that it will soon be in a position to do so and requests it to send statistical data once they are available.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee recalls the adoption of Act No. L/2014/072/CNT of 10 January 2014, issuing the Labour Code which, in the same way as the 1988 Labour Code, establishes the principle of equal remuneration for employed persons, irrespective of their origin, gender and age, for work of equal value (section 241(2)). The Committee recalls that wage inequalities may frequently arise due to occupational segregation which results in a different distribution of men and women in sectors and occupations, often perpetuating social stereotypes that deem certain types of work to be more suitable for men than women. Sustained measures are, therefore, necessary to improve the access of women to a broader range of employment opportunities at all levels, and accordingly to succeed in reducing the inequalities in remuneration that exist between men and women on the labour market (see 2012 General Survey on the fundamental Conventions, paragraph 713). In this regard, the Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), particularly with regard to the 2011, National Gender Policy. With a view to the effective application of the principle of the Convention, the Committee requests the Government to take specific measures, among others, within the context of the National Gender Policy, or in any other appropriate framework, to reduce gaps in remuneration between men and women, and, particularly, measures intended to combat the underlying causes of inequalities of remuneration (occupational segregation of men and women, prejudices concerning the aspirations and vocational capacities of women, and the roles of women and men in society, etc.). The Committee also requests the Government to provide information on the application in practice of section 241(2) of the Labour Code, including any administrative or judicial decisions relating to inequalities of remuneration between men and women for work of equal value.

Application of the principle in the public service. The Committee recalls that the principle of equal remuneration for men and women for work of equal value is not set out in Act No. L/2001/028/AN issuing the conditions of service of public officials. Even though salaries and bonuses are fixed according to the posts concerned and a statutory pay scale, without any distinction as to sex, the methods and criteria adopted for classifying posts and establishing pay scales, as well as disparities in the payment of certain supplementary benefits or allowances, may give rise, in practice, to discrimination between men and women in the public service. The Committee requests the Government to provide information on the manner in which the principle of equal remuneration for men and women for work of equal value is applied in the public service.

Article 2(2)(c). Collective agreements. The Committee once again requests the Government to provide copies of any collective agreements containing clauses providing for equal remuneration for men and women for work of equal value. It also requests the Government to indicate whether initiatives have been taken, in collaboration with employers’ and workers’ organizations, to review existing collective agreements to ensure that they incorporate the principle of the Convention.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information provided by the Government that the Labour and Social Legislation Advisory Committee (CCTLS) adopted a position at its first session on the issue of equal remuneration. The Committee requests the Government to continue providing information on the work of the CCTLS and the activities of the social partners in the context of bipartite and tripartite dialogue bodies concerning equal remuneration for men and women, with an indication of the outcome of its work and of any measure adopted in this context to promote and implement the principle of the Convention.

Statistics. The Committee notes the Government’s indication that, taking into account the socio-economic crises, it has not been possible to complete the work of producing statistics on the earnings of men and women, and that it requests technical assistance from partners for this purpose. In its awareness of the public health difficulties with which the Government has recently been confronted and their impact on the normal operation of institutions, the Committee encourages the Government to take the necessary measures to establish the conditions required for the collection and analysis of data on the earnings of men and women in the public and private sectors with a view to assessing the remuneration gaps between men and women and taking appropriate measures for their reduction.

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

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Article 2(2)(c) of the Convention. Collective agreements. The Committee again asks the Government to send a copy of the following collective agreements, which were indicated as being attached to the report but were not received by the Office:

(i) the agreement of 14 July 1994 covering mines, quarries and chemical industries;
(ii) the agreement of 20 May 1992 concerning the banking and insurance sectors;
(iii) the agreement of 1 May 1992 covering public service establishments, construction and agriculture; and
(iv) any other collective agreement containing clauses providing for equal remuneration for men and women for work of equal value.

In the absence of any information on this matter, the Committee also requests the Government to indicate whether steps have been taken, in collaboration with employers’ and workers’ organizations, to review existing collective agreements or draw up new collective agreements, as indicated by the Government in its previous report.

Equal remuneration for work of equal value. Public sector. The Committee notes Decree No. 009/PRG/SGG/89 fixing the amounts of bonuses for higher level and managerial posts in the civil administration of the State and notes that it applies to all officials in the categories concerned, without any distinction regarding sex. The Committee wishes to recall that, even if salaries and bonuses are fixed according to the posts concerned and a statutory pay scale, without any distinction as to sex, the methods and criteria adopted for classifying posts and establishing pay scales can result in discrimination, the jobs traditionally performed by women often being undervalued by comparison with jobs traditionally performed by men. The Committee asks the Government to provide information on the steps taken or envisaged to ensure that the criteria for the evaluation and classification of jobs and pay scales that apply in the public sector are objective and free of any gender bias, and particularly that jobs largely performed by women are not undervalued in comparison with predominantly “male” jobs but evaluated objectively on the basis of the work that they involve.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information supplied by the Government to the effect that the Labour and Social Legislation Advisory Committee, re-established by Order No. 2732/MEFRATE/CAB/2010 of 9 July 2010, held its first meeting, which was devoted to the re-reading of the draft Labour Code, in November 2011. The Committee asks the Government to supply information on the work of the Labour and Social Legislation Advisory Committee and the activities of the social partners in the context of bipartite and tripartite consultation mechanisms concerning equal remuneration for men and women.

Statistics. The Committee recalls the Government’s indication that, since its creation, the statistical information network for labour matters (RISET) has undertaken an analysis of the situation regarding statistics and also formulated a programme and plan of action. Recalling that the collection and analysis of statistics on earnings for men and women constitutes a key element for assessing the gender pay gap and its underlying causes, and for taking appropriate measures for reducing such gap, the Committee encourages the Government to continue its efforts and hopes that it will soon be in a position to supply statistical information on the situation of men and women in the public and private sectors and on their respective levels of remuneration.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Legislation. The Committee notes the Government’s indication that the draft Labour Code, which is currently awaiting submission to the future National Assembly for adoption, establishes the principle of equal remuneration for men and women for work of equal value (section 241.2), as does the 1988 Labour Code. The Committee asks the Government to supply information on progress made towards the adoption of the new Labour Code and to send a copy of it once it has been adopted.
Article 2(2)(c) of the Convention. Collective agreements. The Committee again asks the Government to send a copy of the following collective agreements, which were indicated as being attached to the report but were not received by the Office:
(i) the agreement of 14 July 1994 covering mines, quarries and chemical industries;
(ii) the agreement of 20 May 1992 concerning the banking and insurance sectors;
(iii) the agreement of 1 May 1992 covering public service establishments, construction and agriculture; and
(iv) any other collective agreement containing clauses providing for equal remuneration for men and women for work of equal value.
In the absence of any information on this matter, the Committee also requests the Government to indicate whether steps have been taken, in collaboration with employers’ and workers’ organizations, to review existing collective agreements or draw up new collective agreements, as indicated by the Government in its previous report.
Equal remuneration for work of equal value. Public sector. The Committee notes Decree No. 009/PRG/SGG/89 fixing the amounts of bonuses for higher level and managerial posts in the civil administration of the State and notes that it applies to all officials in the categories concerned, without any distinction regarding sex. The Committee wishes to recall that, even if salaries and bonuses are fixed according to the posts concerned and a statutory pay scale, without any distinction as to sex, the methods and criteria adopted for classifying posts and establishing pay scales can result in discrimination, the jobs traditionally performed by women often being undervalued by comparison with jobs traditionally performed by men. The Committee asks the Government to provide information on the steps taken or envisaged to ensure that the criteria for the evaluation and classification of jobs and pay scales that apply in the public sector are objective and free of any gender bias, and particularly that jobs largely performed by women are not undervalued in comparison with predominantly “male” jobs but evaluated objectively on the basis of the work that they involve.
Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information supplied by the Government to the effect that the Labour and Social Legislation Advisory Committee, re-established by Order No. 2732/MEFRATE/CAB/2010 of 9 July 2010, held its first meeting, which was devoted to the re-reading of the draft Labour Code, in November 2011. The Committee asks the Government to supply information on the work of the Labour and Social Legislation Advisory Committee and the activities of the social partners in the context of bipartite and tripartite consultation mechanisms concerning equal remuneration for men and women.
Statistics. The Committee recalls the Government’s indication that, since its creation, the statistical information network for labour matters (RISET) has undertaken an analysis of the situation regarding statistics and also formulated a programme and plan of action. Recalling that the collection and analysis of statistics on earnings for men and women constitutes a key element for assessing the gender pay gap and its underlying causes, and for taking appropriate measures for reducing such gap, the Committee encourages the Government to continue its efforts and hopes that it will soon be in a position to supply statistical information on the situation of men and women in the public and private sectors and on their respective levels of remuneration.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee notes the Government’s indication that the draft Labour Code, which is currently awaiting submission to the future National Assembly for adoption, establishes the principle of equal remuneration for men and women for work of equal value (section 241.2), as does the 1988 Labour Code. The Committee asks the Government to supply information on progress made towards the adoption of the new Labour Code and to send a copy of it once it has been adopted.

(i) the agreement of 14 July 1994 covering mines, quarries and chemical industries;
(ii) the agreement of 20 May 1992 concerning the banking and insurance sectors;
(iii) the agreement of 1 May 1992 covering public service establishments, construction and agriculture; and
(iv) any other collective agreement containing clauses providing for equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Article 2(2)(a) of the Convention. National laws or regulations. The Committee notes from the Government’s report that the draft Labour Code has still not been adopted. With respect to its previous comment, the Committee once again hopes that the new draft law will reflect, as does the 1988 Labour Code, the principle of equal remuneration for men and women for work of equal value. To this end, the Committee reiterates its request for the Government to send a copy of the relevant provisions of the draft Code along with its next report and to provide information on its passage into law.
Article 2(2)(b). Wage determination. With respect to its previous comments, the Committee reiterates its request for the Government to provide a copy of Decree No. 009/PRG/SGG/89 of 5 January 1989, which fixes remuneration rates according to levels of responsibility.
Article 2(2)(c). Collective agreements. The Committee notes the Government’s statement that the principle of equal remuneration is taken into account in the private as well as public sectors through the practice of collective bargaining in the public works, mining and banking sectors. The Committee notes, however, that despite the Government’s reference to these agreements in its report, it has omitted to include copies for the Committee’s consideration. The Committee emphasizes that without these documents, it is unable to assess whether the principle of equal remuneration is in fact being respected by existing collective bargaining arrangements. It must therefore reiterate its request for the Government to send in its next report the following collective agreements along with any others that may be in force in the country: (1) the agreement of 1 May 1992 covering public works, buildings and agricultural engineering; (2) the agreement of 20 May 1992 concerning the banking and insurance sectors; and (3) the agreement of 14 July 1994 covering mines, quarries and industrial chemicals.
Further to the above, the Committee notes the Government’s supplementary information which stresses the need to review current collective agreements and to introduce such agreements where they do not yet exist. It also notes the Government’s intention to seek the assistance of the Office in this regard. Noting the Government’s interest in reviewing and elaborating collective agreements, the Committee asks the Government to keep it informed on any related developments and to indicate how these initiatives would take into account the principle of equal remuneration for work of equal value.
Article 4. Cooperation with employers’ and workers’ organizations. The Government indicates in its report that all questions relating to labour matters, and in particular international labour standards, are presided over by the tripartite Consultative Commission for Labour and Social Laws (CCTLS). The Committee appreciates the Government’s explanation that the work of the CCTLS has suffered on account of recent economic difficulties in the country. It notes, however, that the Government is in the process of reinvigorating this body. The Committee, therefore, asks the Government to specify the ways in which the Government collaborates with employers’ and workers’ organizations, either through the CCTLS or otherwise, to give effect to the principles of the Convention.
General appreciation of the application of the Convention. Statistics. The Committee notes the Government’s statement that it is putting into place a statistical information network on labour matters (RISET) and that it intends to solicit the technical assistance of the Office to train those professionals responsible for gathering relevant statistics. The Committee hopes that the new system will include statistical data disaggregated by sex that will allow the Committee to make a proper evaluation of the nature, extent and causes of pay differentials between men and women. The Committee asks the Government to provide information on any developments in the creation and work of the above statistical information network, and encourages the Government to continue its efforts to measure progress in implementing the principle of equal remuneration.

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

Article 2(2)(a) of the Convention. National laws or regulations. The Committee notes from the Government’s report that the draft Labour Code has still not been adopted. With respect to its previous comment, the Committee once again hopes that the new draft law will reflect, as does the 1988 Labour Code, the principle of equal remuneration for men and women for work of equal value. To this end, the Committee reiterates its request for the Government to send a copy of the relevant provisions of the draft Code along with its next report and to provide information on its passage into law.

Article 2(2)(b). Wage determination. With respect to its previous comments, the Committee reiterates its request for the Government to provide a copy of Decree No. 009/PRG/SGG/89 of 5 January 1989, which fixes remuneration rates according to levels of responsibility.

Article 2(2)(c). Collective agreements. The Committee notes the Government’s statement that the principle of equal remuneration is taken into account in the private as well as public sectors through the practice of collective bargaining in the public works, mining and banking sectors. The Committee notes, however, that despite the Government’s reference to these agreements in its report, it has omitted to include copies for the Committee’s consideration. The Committee emphasizes that without these documents, it is unable to assess whether the principle of equal remuneration is in fact being respected by existing collective bargaining arrangements. It must therefore reiterate its request for the Government to send in its next report the following collective agreements along with any others that may be in force in the country: (1) the agreement of 1 May 1992 covering public works, buildings and agricultural engineering; (2) the agreement of 20 May 1992 concerning the banking and insurance sectors; and (3) the agreement of 14 July 1994 covering mines, quarries and industrial chemicals.

Further to the above, the Committee notes the Government’s supplementary information which stresses the need to review current collective agreements and to introduce such agreements where they do not yet exist. It also notes the Government’s intention to seek the assistance of the Office in this regard. Noting the Government’s interest in reviewing and elaborating collective agreements, the Committee asks the Government to keep it informed on any related developments and to indicate how these initiatives would take into account the principle of equal remuneration for work of equal value.

Article 4. Cooperation with employers’ and workers’ organizations. The Government indicates in its report that all questions relating to labour matters, and in particular international labour standards, are presided over by the tripartite Consultative Commission for Labour and Social Laws (CCTLS). The Committee appreciates the Government’s explanation that the work of the CCTLS has suffered on account of recent economic difficulties in the country. It notes, however, that the Government is in the process of reinvigorating this body. The Committee, therefore, asks the Government to specify the ways in which the Government collaborates with employers’ and workers’ organizations, either through the CCTLS or otherwise, to give effect to the principles of the Convention.

General appreciation of the application of the Convention. Statistics. The Committee notes the Government’s statement that it is in the process of putting into place a statistical information network on labour matters (RISET) and that it intends to solicit the technical assistance of the Office to train those professionals responsible for gathering relevant statistics. The Committee hopes that the new system will include statistical data disaggregated by sex that will allow the Committee to make a proper evaluation of the nature, extent and causes of pay differentials between men and women. The Committee asks the Government to keep it informed of any developments in the creation and work of the above statistical information network, and encourages the Government to continue its efforts to measure progress in implementing the principle of equal remuneration.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 2(a), of the Convention. National laws or regulations. The Committee notes from the Government’s report that the draft Labour Code has still not been adopted. With respect to its previous comment, the Committee once again hopes that the new draft law will reflect, as does the 1988 Labour Code, the principle of equal remuneration for men and women for work of equal value. To this end, the Committee reiterates its request for the Government to send a copy of the relevant provisions of the draft Code along with its next report and to provide information on its passage into law.

Article 2, paragraph 2(b). Wage determination. With respect to its previous comments, the Committee reiterates its request for the Government to provide a copy of Decree No. 009/PRG/SGG/89 of 5 January 1989, which fixes remuneration rates according to levels of responsibility.

Article 2, paragraph 2(c). Collective agreements. The Committee notes the Government’s statement that the principle of equal remuneration is taken into account in the private as well as public sectors through the practice of collective bargaining in the public works, mining and banking sectors. The Committee notes, however, that despite the Government’s reference to these agreements in its report, it has omitted to include copies for the Committee’s consideration. The Committee emphasizes that without these documents, it is unable to assess whether the principle of equal remuneration is in fact being respected by existing collective bargaining arrangements. It must therefore reiterate its request for the Government to send in its next report the following collective agreements along with any others that may be in force in the country: (1) the agreement of 1 May 1992 covering public works, buildings and agricultural engineering; (2) the agreement of 20 May 1992 concerning the banking and insurance sectors; and (3) the agreement of 14 July 1994 covering mines, quarries and industrial chemicals.

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

1. Article 2(2)(a) of the Convention. National laws or regulations. The Committee notes from the Government’s report that the draft Labour Code has still not been adopted. With respect to its previous comment, the Committee once again hopes that the new draft law will reflect, as does the 1988 Labour Code, the principle of equal remuneration for men and women for work of equal value. To this end, the Committee reiterates its request for the Government to send a copy of the relevant provisions of the draft Code along with its next report and to provide information on its passage into law.

2. Article 2(2)(b). Wage determination. With respect to its previous comments, the Committee reiterates its request for the Government to provide a copy of Decree No. 009/PRG/SGG/89 of 5 January 1989, which fixes remuneration rates according to levels of responsibility.

3. Article 2(2)(c). Collective agreements. The Committee notes the Government’s statement that the principle of equal remuneration is taken into account in the private as well as public sectors through the practice of collective bargaining in the public works, mining and banking sectors. The Committee notes, however, that despite the Government’s reference to these agreements in its report, it has omitted to include copies for the Committee’s consideration. The Committee emphasizes that without these documents, it is unable to assess whether the principle of equal remuneration is in fact being respected by existing collective bargaining arrangements. It must therefore reiterate its request for the Government to send in its next report the following collective agreements along with any others that may be in force in the country: (1) the agreement of 1 May 1992 covering public works, buildings and agricultural engineering; (2) the agreement of 20 May 1992 concerning the banking and insurance sectors; and (3) the agreement of 14 July 1994 covering mines, quarries and industrial chemicals.

4. Further to the above, the Committee notes the Government’s supplementary information which stresses the need to review current collective agreements and to introduce such agreements where they do not yet exist. It also notes the Government’s intention to seek the assistance of the Office in this regard. Noting the Government’s interest in reviewing and elaborating collective agreements, the Committee asks the Government to keep it informed on any related developments and to indicate how these initiatives would take into account the principle of equal remuneration for work of equal value.

5. Article 4. Cooperation with employers’ and workers’ organizations. The Government indicates in its report that all questions relating to labour matters, and in particular international labour standards, are presided over by the tripartite Consultative Commission for Labour and Social Laws (CCTLS). The Committee appreciates the Government’s explanation that the work of the CCTLS has suffered on account of recent economic difficulties in the country. It notes, however, that the Government is in the process of reinvigorating this body. The Committee, therefore, asks the Government to specify the ways in which the Government collaborates with employers’ and workers’ organizations, either through the CCTLS or otherwise, to give effect to the principles of the Convention.

6. General appreciation of the application of the Convention. Statistics. The Committee notes the Government’s statement that it is in the process of putting into place a statistical information network on labour matters (RISET) and that it intends to solicit the technical assistance of the Office to train those professionals responsible for gathering relevant statistics. The Committee hopes that the new system will include statistical data disaggregated by sex that will allow the Committee to make a proper evaluation of the nature, extent and causes of pay differentials between men and women. The Committee asks the Government to keep it informed of any developments in the creation and work of the above statistical information network, and encourages the Government to continue its efforts to measure progress in implementing the principle of equal remuneration.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 2(2)(a) of the Convention. National laws or regulations. The Committee notes from the Government’s report that the draft Labour Code has still not been adopted. With respect to its previous comment, the Committee once again hopes that the new draft law will reflect, as does the 1988 Labour Code, the principle of equal remuneration for men and women for work of equal value. To this end, the Committee reiterates its request for the Government to send a copy of the relevant provisions of the draft Code along with its next report and to provide information on its passage into law.

3. Article 2(2)(c). Collective agreements. The Committee notes the Government’s statement that the principle of equal remuneration is taken into account in the private as well as public sectors through the practice of collective bargaining in the public works, mining and banking sectors. The Committee notes, however, that despite the Government’s reference to these agreements in its report, it has omitted to include copies for the Committee’s consideration. The Committee emphasizes that without these documents, it is unable to assess whether the principle of equal remuneration is in fact being respected by existing collective bargaining arrangements. It must therefore reiterate its request for the Government to send in its next report the following collective agreements along with any others that may be in force in the country: (1) the agreement of 1 May 1992 covering public works, buildings and agricultural engineering; (2) the agreement of 20 May 1992 concerning the banking and insurance sectors; and (3) the agreement of 14 July 1994 covering mines, quarries and industrial chemicals.

6. General appreciation of the application of the Convention. Statistics. The Committee notes the Government’s statement that it is in the process of putting into place a statistical information network on labour matters (RISET) and that it intends to solicit the technical assistance of the Office to train those professionals responsible for gathering relevant statistics. The Committee hopes that the new system will include statistical data disaggregated by sex that will allow the Committee to make a proper evaluation of the nature, extent and causes of pay differentials between men and women. The Committee asks the Government to keep it informed of any developments in the creation and work of the above statistical information network, and encourages the Government to continue its efforts to measure progress in implementing the principle of equal remuneration.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the information contained in the Government’s report.

1. The Committee notes the Government’s statement that it was presently not in a position to collect and provide statistical information on the levels of remuneration of men and women, but that the Government will take steps in future to create the conditions necessary to enable the competent services to collect such information. Recalling that the Government may request, if need be, the technical assistance of the Office regarding the establishment of statistics, the Committee would be grateful if the Government would transmit the statistical information already currently available, and continue to make efforts to compile statistics in conformity with its 1998 general observation.

2. In its 2000 report, the Government has mentioned that under section 3 of the draft Labour Code no employer may take gender, in addition to other listed discriminatory criteria, into consideration when taking decisions regarding wages and the extension of social advantages, etc. The Committee asks the Government to supply information on the development of this text and hopes that the draft will include, as does the 1988 Labour Code, the principle of equal remuneration for men and women for work of equal value, thus mandating application of the Convention.

3. The Committee notes from the report that Decree No. 009/PRG/SGG/89 of 5 January 1989 fixes remuneration rates according to levels of responsibility. The Committee asks the Government to provide a copy of this Decree.

4. In its latest report, the Government refers to three collective agreements: an agreement of 1 May 1992 covering public works, buildings and agricultural engineering; an agreement of 14 July 1994 covering mines, quarries and chemical industries; and an agreement of 20 May 1992 concerning the bank and insurance sector. The Government also indicates that a new collective agreement covering the restaurant and hotel sector is under negotiation. The Committee asks the Government to provide copies of the collective agreements with its next report or as soon as concluded, and to indicate the manner in which these agreements promote the application of the Convention.

5. The Committee asks the Government to indicate the means by which it collaborates with employers’ and workers’ organizations as regards the application of the provisions of the Convention.

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

1. With regard to its earlier comments regarding the collection of statistics on the jobs in which a large number of women are concentrated and on their remuneration compared to that of men at the different levels, the Committee notes the Government’s statement that, in view of the very limited means available to the services responsible for statistics, it is impossible to supply this information. It also notes that the Government will take steps in future to create the conditions necessary to enable the competent services to collect the required information. The Committee recalls that one of the first difficulties to be overcome in devising methods for application of the principle of equal pay arises from the lack of knowledge of the factual situation, since in most countries inequalities in pay are inadequately researched and identified statistically. Such data is however indispensable in obtaining indications of the breadth, scope and nature of inequalities in practice. Recalling that the Government may request, if need be, the technical assistance of the Office regarding the establishment of statistics, the Committee would be grateful if the Government would transmit the statistical information already currently available, and continue to make efforts to compile statistics in conformity with its 1998 general observation.

2. Having noted that under section 3 of the draft Labour Code no employer may take gender, in addition to other listed discriminatory criteria, into consideration when taking decisions regarding wages and the extension of social advantages, etc., the Committee asks the Government to send a copy of the above draft to the Office and to continue to supply information on the development of this text and the possible amendments thereto. It hopes that the draft will include the principle of equal remuneration for men and women for work of equal value, thus encouraging application of the Convention.

3. The Committee notes the Government’s statement to the effect that, although it can supply copies of collective agreements concluded, it is nevertheless not certain that these collective agreements enable identification of the number of women to whom these agreements apply, or the components of remuneration set out therein. It nevertheless wishes to be able to examine these agreements and again asks the Government to provide copies of the collective agreements in force to the ILO, as well as an example of the 1987 collective agreement relating to mines, quarries and chemical industries, which has still not been received.

4. The Committee asks the Government to indicate the means whereby it collaborates with the employers’ and workers’ organizations concerned as regards the application of the provisions of the Convention.

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

The Committee takes note of the information contained in the Government’s report.

1. With regard to its earlier comments regarding the collection of statistics on the jobs in which a large number of women are concentrated and on their remuneration compared to that of men at the different levels, the Committee notes the Government’s statement that, in view of the very limited means available to the services responsible for statistics, it is impossible to supply this information. It also notes that the Government will take steps in future to create the conditions necessary to enable the competent services to collect the required information. The Committee recalls that one of the first difficulties to be overcome in devising methods for application of the principle of equal pay arises from the lack of knowledge of the factual situation, since in most countries inequalities in pay are inadequately researched and identified statistically. Such data is however indispensable in obtaining indications of the breadth, scope and nature of inequalities in practice. Recalling that the Government may request, if need be, the technical assistance of the Office regarding the establishment of statistics, the Committee would be grateful if the Government would transmit the statistical information already currently available, and continue to make efforts to compile statistics in conformity with its 1998 general observation.

2. Having noted that under section 3 of the draft Labour Code no employer may take gender, in addition to other listed discriminatory criteria, into consideration when taking decisions regarding wages and the extension of social advantages, etc., the Committee asks the Government to send a copy of the above draft to the Office and to continue to supply information on the development of this text and the possible amendments thereto. It hopes that the draft will include the principle of equal remuneration for men and women for work of equal value, thus encouraging application of the Convention.

3. The Committee notes the Government’s statement to the effect that, although it can supply copies of collective agreements concluded, it is nevertheless not certain that these collective agreements enable identification of the number of women to whom these agreements apply, or the components of remuneration set out therein. It nevertheless wishes to be able to examine these agreements and again asks the Government to provide copies of the collective agreements in force to the ILO, as well as an example of the 1987 collective agreement relating to mines, quarries and chemical industries, which has still not been received.

4. The Committee asks the Government to indicate the means whereby it collaborates with the employers’ and workers’ organizations concerned as regards the application of the provisions of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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

1. Following its previous direct requests concerning the application in practice of the principle of equal remuneration for men and women for the same work or work of equal value, the Committee notes the information provided by the Government to the effect that Order No. 1386/MASE/DNTLS/90 of 15 May 1990, already noted by the Committee, and classifying jobs in the private and semi-private sectors, provides the criteria for assessing the application of this principle. Recalling that it wishes to obtain detailed information on the practical application of the legal texts relating to the principle of equal remuneration, the Committee again requests the Government to collect statistics on the jobs in which a large number of women are concentrated and on their remuneration compared to that of men at the different levels, so as to provide an overall assessment of the way in which the principle embodied in the Convention is applied.

2. Noting the Government's statement that it will inform the ILO of any amendments made in the area of equal remuneration in general, and of wage negotiations in particular, the Committee observes that it has not received a copy of any of the current collective agreements. Consequently, it once again requests the Government to provide copies of the collective agreements in force fixing wage rates and an indication of the number of women to which these agreements apply, so as to ensure that all the elements of the remuneration stipulated in the agreements comply with the principle embodied in the Convention. Please also send a copy of the 1987 collective agreement relating to mines, quarries and chemical industries which, according to the Government, has been sent to the ILO, but has not been received.

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

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

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. Following its previous direct requests concerning the application in practice of the principle of equal remuneration for men and women for the same work or work of equal value, the Committee notes the information provided by the Government to the effect that Order No. 138/MASE/DNTLS/90 of 15 May 1990, already noted by the Committee, and classifying jobs in the private and semi-private sectors, provides the criteria for assessing the application of this principle. Recalling that it wishes to obtain detailed information on the practical application of the legal texts relating to the principle of equal remuneration, the Committee again requests the Government to collect statistics on the jobs in which a large number of women are concentrated and on their remuneration compared to that of men at the different levels, so as to provide an overall assessment of the way in which the principle embodied in the Convention is applied.

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

1. The Committee notes the Government's indication that the 1988 Labour Code is fully consistent with the provisions of the Convention. It notes with interest that section 206 of the Code establishes the principle of equal remuneration for men and women for the same work or work of equal value, in accordance with the requirements of the Convention. It notes, however, that the Government has not provided detailed information that enables it to ascertain how the principle of equal remuneration, laid down in the Labour Code, and linked to Order No. 138/MASE/DNTLS/90 of 15 May 1990 to classify jobs in the private and semi-private sectors, is applied in practice.

While noting the Government's indication that it is difficult to compile such information owing to inadequate material, human and financial resources, the Committee reiterates the hope that the Government will endeavour, with the cooperation of employers' and workers' organizations, to compile statistics of jobs with a high concentration of women, and their remuneration as compared to that of men at different levels, in both private and public sectors, so that it can evaluate in general how the principle of the Convention is applied in practice.

2. Noting the Government's statement that in all negotiations on collective agreements the provisions of the Code are taken strictly into account, the Committee asks the Government to provide samples of existing collective agreements fixing wage rates, and an indication of the number of women covered by these agreements, so that it may ascertain that all parts of remuneration stipulated in these agreements are in keeping with the principle of the Convention, including a copy of the 1987 collective agreement for the mines, quarries and chemical industries sector which, according to the report, was sent to the ILO on adoption, but which has not been received.

3. The Committee also asks the Government to provide information on the measures taken to ensure supervision of the application of the legal provisions governing equal pay, and in particular on the activities of the inspection services (infringements recorded, sanctions imposed) and on any court decisions relevant to the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

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

1. The Committee again asks the Government to provide copies of collective agreements, including the agreement for mines, quarries and chemical industries, which employ a large number of women.

2. With regard to job classification systems and the appraisal criteria used, the Committee notes Order No. 138/MASE/DNTLS/90 of 15 May 1990 to classify jobs in the private and semi-private sector, which establishes the categories: workers, employees and supervisors. The Committee requests the Government to provide statistical data on jobs with a high concentration of women and on the remuneration of women as compared to that of men. It would be grateful if the Government would keep it informed of any developments in the evaluation of jobs in the public sector where, according to the Government's previous report, the only criteria are "qualifications, competence for the job and dedication to good performance".

3. The Committee notes with interest that wages are fixed after freely conducted wage negotiations between employers and workers in the various branches of the economy. It asks the Government to provide detailed information on any measures relating to negotiations that have been taken or are contemplated to ensure and promote application of the principle of equal remuneration for work of equal value. The Committee also asks the Government to supply information on progress made as a result of the implementation of the Labour Code (Ordinance No. 003/PRG/SGG/88 of 28 January 1988).

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

Further to its previous comments, the Committee takes note of the information supplied by the Government in its report.

1. The Committee again asks the Government to provide copies of collective agreements, including the agreement for mines, quarries and chemical industries, which employ a large number of women.

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

1. The Committee noted in its previous comments the adoption in 1988 of the new Labour Code, which includes in section 206 the principle of equal remuneration for employees for the same work or for work of equal value.

2. With reference to its previous comments, the Committee notes from the information supplied by the Government in its report that copies of the agreements that have been concluded will be supplied in the near future and that the occupational branch which employs a large number of women is the branch covered by the collective agreement for mines, quarries and the chemical industries. It hopes to receive these copies in the near future.

3. The Committee notes the Government's statement that there are no legal problems in national practice in the application of the Convention. It also notes that the only criteria used for job evaluation in the public and private sectors are diplomas, the competence needed for the job or position, and devotion to work well done. With reference to the indications given in paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration, the Committee requests the Government to supply information on any measures that have been taken to re-examine the systems of job classification and the evaluation criteria used, in the light of the Convention.

4. The Committee notes that the Government intends, in the near future, to implement a wages policy with ILO assistance. It requests the Government to supply information on the effect given in practice to the provisions of the new Labour Code in this respect and on the progress achieved through the implementation of the above wages policy.

5. The Committee notes the Government's statement that the social partners participated in the formulation of the Labour Code and that they are invited whenever necessary to participate in the examination of matters relating to wages. The Committee requests the Government to continue supplying information on the practical outcome of collaboration in this connection.