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

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

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
The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 1 September 2022.
Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. Further to the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), according to which wage discrimination against women working in the private sector is particularly significant, the Committee previously requested the Government to: (1) take the necessary measures to collect detailed statistical data, disaggregated by sex, on the number of men and women employed in the public and private sectors and their respective remuneration levels; and (2) provide information on the measures adopted or envisaged to address the occupational segregation of women in the labour market and reduce remuneration gaps. With regard to the public sector, the Committee notes the Government’s indication in its report that Decree No. 2019-1446 of 7 August 2019 establishes the “AUGURE” programme with a view to harmonizing personnel management in the public administration and the public service and collecting statistical data, and its reference to the principle of equal access to public employment set out in the Constitution. With reference to the private sector, it notes that the Government is planning to update the information collection system on private sector workers with a view to gathering statistical data on the distribution of men and women by occupational category and their respective remuneration levels. The Committee however draws the Government’s attention to the fact that, while it is important to establish the principle of equal access of men and women to public and private employment, that is not sufficient to combat the segregation (horizontal and vertical) faced by women in the labour market and to reduce remuneration gaps. Specific support measures are necessary, particularly to enable women to have access to a broader range of employment opportunities, including in sectors where wages are higher, and to positions of responsibility in the public and private sectors, such as: (1) the reinforcement of the economic independence of women and the active promotion of their access to formal employment and decision-making positions; (2) the encouragement of girls and women to choose non-traditional subjects for their studies and occupations; (3) the reduction of early school drop-out rates for girls; and (4) action to combat gender stereotypes; etc. Moreover, with reference to the observation by the SAIT, the Committee recalls that, while the Convention applies to all workers, it exclusively targets wage inequalities and remuneration gaps between men and women for work of equal value. In the absence of the statistics requested previously to enable it to assess the effect given to the Convention in practice, the Committee once again requests the Government to collect, analyse and provide detailed statistical data, disaggregated by sex, on the distribution of men and women in the various occupational categories in the public and private sectors and on their respective remuneration levels. It reiterates its request for information on the specific affirmative measures adopted or envisaged, in collaboration with employers’ and workers’ organizations, to enable women to have access to a broader range of employment opportunities, including in sectors where wages are higher and in managerial posts and positions of responsibility in the public and private sectors. The Committee recalls in this regard that the Government may avail itself of ILO technical assistance.
Article 2(2)(c). Collective agreements. The Committee notes the information provided by the Government in response to its previous request concerning the application and revision of the collective agreement in the national air company.
Article 3. Objective job evaluation. In its previous comments, the Committee requested the Government to provide information on the measures to: (1) promote the use of objective job evaluation methods in the public and private sectors; and (2) ensure that the criteria used to determine remuneration do not give rise in practice to an under-evaluation of jobs mainly occupied by women. With regard to the public sector, the Committee notes the Government’s indication that the professional scales of public officials are determined by the specific regulations governing their service. The Government indicated in its previous report (2016) that the Decree on the harmonization of the professional scales of employees in different services but in the same occupational category were under preparation. The Committee notes with regret that this Decree has still not been adopted and that the Government confines itself to indicating, as it did in 2011, that studies are currently being carried out to map existing jobs in the public sector and harmonize the wage system. With reference to the private sector, the Committee notes the Government’s indication that the minimum recruitment wage by occupational category is determined by decree based on the views of the National Labour Council (CNT), and is periodically revised by the social partners on the basis of the national accounts, the economic situation and consumer prices. The Government adds that section 53 of the Labour Code makes it possible to avoid any sexist distortion or under-evaluation of jobs occupied by women through its prohibition of wage discrimination on grounds of sex. In this regard, the Committee recalls that the prohibition by a national legal provision of wage discrimination on grounds of sex is not sufficient to ensure that minimum wage determination and adjustment processes are not tainted by gender stereotypes, particularly since section 53 of the Labour Code is more limited than the principle set out in the Convention (see the Committee’s observation on this Convention). Minimum wage rates should be fixed and revised on the basis of objective criteria (such as skills, effort, responsibilities and conditions of work), free from gender bias, to ensure that the work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed (2012 General Survey on the fundamental Conventions, paragraph 683). More generally, the Committee recalls that the principle of equal remuneration for work of “equal value” necessarily involves the adoption, in both the public and private sectors, of a method for the assessment and comparison of the relative value of different jobs. The Committee trusts that the Decree on the harmonization of the professional scales of public employees in the various services but in the same occupational category will be adopted in the near future and requests the Government to provide detailed information on the findings of the studies undertaken with a view to the harmonization of these scales and on the criteria used to ensure that they give effect to the principle of equal remuneration for men and women for work of equal value. The Committee also requests the Government to provide information on the criteria applied for the determination and adjustment of the minimum wage in the private sector with a view to ensuring that they are free from any gender stereotypes and do not result in practice in an under-valuation of jobs occupied mainly by women. The Committee recalls in this regard that the Government may avail itself of ILO technical assistance.
Enforcement and awareness-raising. According to the Government, the annual reports drawn up by regional labour inspection services have still not reported any complaints relating to the principle of the Convention and official information on the cases dealt with by the courts relating to wage discrimination between men and women have still not been received by the Ministry of Justice. In this regard, the Committee notes that the Government once again recognizes the need to train labour inspectors on the interpretation of the Convention and particularly of the concept of “work of equal value”, but indicates that, due to the COVID-19 pandemic, the Ministry of Labour does not have the necessary resources to finance such training. The Committee notes the observations of FISEMARE indicating that the principle of the Convention is poorly applied, particularly in export processing zones, and calling for accompanying measures and more controls by the authorities. The Committee requests the Government to continue providing detailed information on: (i) the number, nature and outcome of complaints relating to the principle of the Convention examined by labour inspectors; (ii) cases of wage discrimination dealt with by the courts; and (iii) the awareness-raising and information activities undertaken or planned with a view to promoting improved understanding of the principle of equal remuneration for men and women, and particularly of the concept of “work of equal value”, among labour inspectors, and more broadly among workers, employers, their respective organizations, and judges. Finally, it requests the Government to provide information on the nature and effect given in practice to its request for technical assistance.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 1 September 2022.
Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. For several years, the Committee has been emphasizing that the provisions of section 53 of the Labour Code are more restrictive than those of the Convention, as they limit the application of the principle of equal remuneration for work of equal value to persons engaged in the same job and with the same vocational qualifications. The Committee notes that a draft text to revise the Labour Code has been prepared by the Government and was forwarded to the Office in February 2022 for technical comments. The Office suggested that section 53(1) of the Labour Code should be reworded as follows: “[For equal work or work performed under equal conditions, and for work of a different nature but nevertheless of equal value], wages shall be equal for all workers irrespective of their origin, colour, national extraction, sex, age, trade union membership, opinion or status under the conditions set out in the present Chapter”. The Committee also notes the Government’s indication in its report that the amendment of section 53 of the Labour Code was discussed with the social partners during a tripartite consultation held in March 2021. The Government adds that a preliminary draft of the Bill to issue the new Labour Code was submitted in September and October 2021 to the National Labour Council (CNT) with a view to hearing the views of the social partners, and then in December 2021 and January 2022 to the Commission on the Reform of Business Law (CRDA). Moreover, with reference to the observations by the Autonomous Trade Union of Labour Inspectors (SAIT) received in 2021, the Committee recalls that, while the Convention applies to all workers, it exclusively covers wage inequalities or remuneration gaps between men and women for work of equal value. The Committee expresses the firm hope that the Labour Code will be amended in the near future and that the new wording of section 53 will give full expression to the principle of equal remuneration, not only for equal work or work performed under equal conditions, but also for work of an entirely different nature that is of equal value overall. It requests the Government to provide information on this subject and on any other measures adopted or envisaged to promote and ensure in practice equal remuneration for men and women for work of equal value.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 1 September 2022.
Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. Further to the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), according to which wage discrimination against women working in the private sector is particularly significant, the Committee previously requested the Government to: (1) take the necessary measures to collect detailed statistical data, disaggregated by sex, on the number of men and women employed in the public and private sectors and their respective remuneration levels; and (2) provide information on the measures adopted or envisaged to address the occupational segregation of women in the labour market and reduce remuneration gaps. With regard to the public sector, the Committee notes the Government’s indication in its report that Decree No. 2019-1446 of 7 August 2019 establishes the “AUGURE” programme with a view to harmonizing personnel management in the public administration and the public service and collecting statistical data, and its reference to the principle of equal access to public employment set out in the Constitution. With reference to the private sector, it notes that the Government is planning to update the information collection system on private sector workers with a view to gathering statistical data on the distribution of men and women by occupational category and their respective remuneration levels. The Committee however draws the Government’s attention to the fact that, while it is important to establish the principle of equal access of men and women to public and private employment, that is not sufficient to combat the segregation (horizontal and vertical) faced by women in the labour market and to reduce remuneration gaps. Specific support measures are necessary, particularly to enable women to have access to a broader range of employment opportunities, including in sectors where wages are higher, and to positions of responsibility in the public and private sectors, such as: (1) the reinforcement of the economic independence of women and the active promotion of their access to formal employment and decision-making positions; (2) the encouragement of girls and women to choose non-traditional subjects for their studies and occupations; (3) the reduction of early school drop-out rates for girls; and (4) action to combat gender stereotypes; etc. Moreover, with reference to the observation by the SAIT, the Committee recalls that, while the Convention applies to all workers, it exclusively targets wage inequalities and remuneration gaps between men and women for work of equal value. In the absence of the statistics requested previously to enable it to assess the effect given to the Convention in practice, the Committee once again requests the Government to collect, analyse and provide detailed statistical data, disaggregated by sex, on the distribution of men and women in the various occupational categories in the public and private sectors and on their respective remuneration levels. It reiterates its request for information on the specific affirmative measures adopted or envisaged, in collaboration with employers’ and workers’ organizations, to enable women to have access to a broader range of employment opportunities, including in sectors where wages are higher and in managerial posts and positions of responsibility in the public and private sectors. The Committee recalls in this regard that the Government may avail itself of ILO technical assistance.
Article 2(2)(c). Collective agreements. The Committee notes the information provided by the Government in response to its previous request concerning the application and revision of the collective agreement in the national air company.
Article 3. Objective job evaluation. In its previous comments, the Committee requested the Government to provide information on the measures to: (1) promote the use of objective job evaluation methods in the public and private sectors; and (2) ensure that the criteria used to determine remuneration do not give rise in practice to an under-evaluation of jobs mainly occupied by women. With regard to the public sector, the Committee notes the Government’s indication that the professional scales of public officials are determined by the specific regulations governing their service. The Government indicated in its previous report (2016) that the Decree on the harmonization of the professional scales of employees in different services but in the same occupational category were under preparation. The Committee notes with regret that this Decree has still not been adopted and that the Government confines itself to indicating, as it did in 2011, that studies are currently being carried out to map existing jobs in the public sector and harmonize the wage system. With reference to the private sector, the Committee notes the Government’s indication that the minimum recruitment wage by occupational category is determined by decree based on the views of the National Labour Council (CNT), and is periodically revised by the social partners on the basis of the national accounts, the economic situation and consumer prices. The Government adds that section 53 of the Labour Code makes it possible to avoid any sexist distortion or under-evaluation of jobs occupied by women through its prohibition of wage discrimination on grounds of sex. In this regard, the Committee recalls that the prohibition by a national legal provision of wage discrimination on grounds of sex is not sufficient to ensure that minimum wage determination and adjustment processes are not tainted by gender stereotypes, particularly since section 53 of the Labour Code is more limited than the principle set out in the Convention (see the Committee’s observation on this Convention). Minimum wage rates should be fixed and revised on the basis of objective criteria (such as skills, effort, responsibilities and conditions of work), free from gender bias, to ensure that the work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed (2012 General Survey on the fundamental Conventions, paragraph 683). More generally, the Committee recalls that the principle of equal remuneration for work of “equal value” necessarily involves the adoption, in both the public and private sectors, of a method for the assessment and comparison of the relative value of different jobs. The Committee trusts that the Decree on the harmonization of the professional scales of public employees in the various services but in the same occupational category will be adopted in the near future and requests the Government to provide detailed information on the findings of the studies undertaken with a view to the harmonization of these scales and on the criteria used to ensure that they give effect to the principle of equal remuneration for men and women for work of equal value. The Committee also requests the Government to provide information on the criteria applied for the determination and adjustment of the minimum wage in the private sector with a view to ensuring that they are free from any gender stereotypes and do not result in practice in an under-valuation of jobs occupied mainly by women. The Committee recalls in this regard that the Government may avail itself of ILO technical assistance.
Enforcement and awareness-raising. According to the Government, the annual reports drawn up by regional labour inspection services have still not reported any complaints relating to the principle of the Convention and official information on the cases dealt with by the courts relating to wage discrimination between men and women have still not been received by the Ministry of Justice. In this regard, the Committee notes that the Government once again recognizes the need to train labour inspectors on the interpretation of the Convention and particularly of the concept of “work of equal value”, but indicates that, due to the COVID-19 pandemic, the Ministry of Labour does not have the necessary resources to finance such training. The Committee notes the observations of FISEMARE indicating that the principle of the Convention is poorly applied, particularly in export processing zones, and calling for accompanying measures and more controls by the authorities. The Committee requests the Government to continue providing detailed information on:
  • (i)the number, nature and outcome of complaints relating to the principle of the Convention examined by labour inspectors;
  • (ii)cases of wage discrimination dealt with by the courts; and
  • (iii)the awareness-raising and information activities undertaken or planned with a view to promoting improved understanding of the principle of equal remuneration for men and women, and particularly of the concept of “work of equal value”, among labour inspectors, and more broadly among workers, employers, their respective organizations, and judges. Finally, it requests the Government to provide information on the nature and effect given in practice to its request for technical assistance.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 1 September 2022.
Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. For several years, the Committee has been emphasizing that the provisions of section 53 of the Labour Code are more restrictive than those of the Convention, as they limit the application of the principle of equal remuneration for work of equal value to persons engaged in the same job and with the same vocational qualifications. The Committee notes that a draft text to revise the Labour Code has been prepared by the Government and was forwarded to the Office in February 2022 for technical comments. The Office suggested that section 53(1) of the Labour Code should be reworded as follows: “[For equal work or work performed under equal conditions, and for work of a different nature but nevertheless of equal value], wages shall be equal for all workers irrespective of their origin, colour, national extraction, sex, age, trade union membership, opinion or status under the conditions set out in the present Chapter”. The Committee also notes the Government’s indication in its report that the amendment of section 53 of the Labour Code was discussed with the social partners during a tripartite consultation held in March 2021. The Government adds that a preliminary draft of the Bill to issue the new Labour Code was submitted in September and October 2021 to the National Labour Council (CNT) with a view to hearing the views of the social partners, and then in December 2021 and January 2022 to the Commission on the Reform of Business Law (CRDA). Moreover, with reference to the observations by the Autonomous Trade Union of Labour Inspectors (SAIT) received in 2021, the Committee recalls that, while the Convention applies to all workers, it exclusively covers wage inequalities or remuneration gaps between men and women for work of equal value. The Committee expresses the firm hope that the Labour Code will be amended in the near future and that the new wording of section 53 will give full expression to the principle of equal remuneration, not only for equal work or work performed under equal conditions, but also for work of an entirely different nature that is of equal value overall. It requests the Government to provide information on this subject and on any other measures adopted or envisaged to promote and ensure in practice equal remuneration for men and women for work of equal value.
The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee takes note of the observations of the Autonomous Trade Union of Labour Inspectors (SAIT) received on 9 March 2021, which address issues related to the application of the Convention. The Committee requests the Government to provide its comments in this respect.
The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Article 2 of the Convention. Gender pay gap. In its previous comments, the Committee noted the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), according to which wage discrimination against women working in the private sector is particularly significant. It also noted the Government’s indication that there is no wage discrimination against women when workers, irrespective of their gender, are in identical jobs and have the same qualifications. While reminding the Government that, in accordance with the Convention, equal remuneration applies not only when workers have identical posts or jobs, but also when they have different jobs that are of equal value, the Committee requested the Government to provide information on the measures taken to identify and eliminate the causes of inequalities of remuneration between men and women and to gather data on the number of men and women working in the private and public sectors (by category) and their respective remuneration levels. The Committee notes the statistical information available for 2011, provided by the Government in its report. However, it draws the Government’s attention to the fact that these data do not enable it to assess the application, in practice, of the principle of the Convention. On the one hand, the information on the public sector and the distribution of state employees by occupational category is not disaggregated by sex and does not include any data on the different levels of remuneration. On the other hand, the information relating to the private sector shows the distribution of men and women in the various occupational categories in the secondary and tertiary sectors and the general average wage, without this information being disaggregated by sex so as to enable the Committee to compare the average levels of remuneration of men and women. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern the high rate of unemployment among women, the strong vertical and horizontal segregation in the labour market, as well as the absence of implemented laws in this field, including on equal pay, as evidenced by the persistence of wage gaps between women and men in both the public and private sectors (CEDAW/C/MDG/CO/6–7, 24 November 2015, paragraph 30). The Committee, once again, requests the Government to take the necessary measures to collect and analyse detailed statistical data, disaggregated by sex, on the distribution of men and women in the various occupational categories in the public and private sectors and their respective remuneration rates. It also requests the Government to provide information on the measures adopted or envisaged, in collaboration with employers’ and workers’ organizations, to address: the occupational segregation of women in the labour market; and to reduce the remuneration gap between men and women, particularly by enabling women to have access to a broader range of employment opportunities, including in sectors where wages are high and in executive positions and posts of responsibility in the public and private sectors. The Committee reminds the Government in this regard that it can have recourse to the ILO’s technical assistance.
Collective agreements. The Committee previously noted that a national Air company’s collective agreement concluded in 2010, envisaged the possibility, solely for women personnel, to take early retirement at the age of 55 years under certain conditions. It subsequently noted the adoption of Decree No. 2013-337 of 14 May 2013, establishing the retirement age at 60 years for both men and women employees in all enterprises governed by the national legislation in force, including the national Air company of concern, and it requested the Government to indicate whether the provisions of the collective agreement referred to above continued to be applicable. The Committee notes the Government’s statement that, in practice, the provision envisaging the possibility of early retirement at the age of 55 for women employees of the Air company of concern is no longer applicable and that all of the personnel continue to work up to the age of 60 years and to receive normal old-age benefits. Noting the Government’s indication that the social partners could in due time re-examine the possibility of including in the Air company’s collective agreement a provision on early retirement for all the personnel, the Committee requests the Government to provide information on any further developments in this respect. It also requests the Government to provide extracts from collective agreements containing clauses giving effect to the principle of equal remuneration for men and women for work of equal value.
Article 3. Objective job evaluation. The Committee notes that the draft decree to harmonize the professional index of public employees is still under preparation. The Government indicates that it is currently engaged in the mapping of existing jobs (job titles and descriptions) in the public service with a view to then being able to harmonize the wage scales for “identical positions”. The Committee once again reminds the Government that the principle set forth in the Convention is not limited to “identical positions”, as it provides for equal remuneration for work of equal value, which also covers situations in which men and women perform different work, but that is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 679). With regard to the private sector, the Government indicates that the remuneration of employed persons depends on the classification, as set out in collective agreements, attributed to them at the time of recruitment. The Committee draws the Government’s attention to the fact that, while it is important in itself to ensure that remuneration rates and categories are applied to men and women without discrimination, that is not sufficient to promote and ensure the full and complete application of the principle of equal remuneration for work of equal value. This is because the segregation that occurs between men and women on the labour market in terms of choice of employment results in an under-evaluation of jobs mainly occupied by women. The elimination of inequalities in remuneration resulting from this occupational segregation presupposes the comparison of jobs mainly carried out by women with those that are mainly exercised by men based on objective criteria exempt from any gender bias (see 2012 General Survey, paragraph 695). The Committee requests the Government to provide information on the measures adopted or envisaged to promote, in collaboration with employers’ and workers’ organizations, the use of objective job evaluation methods in the public and private sectors, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value finds expression in all mechanisms for the determination and adjustment of wages. The Committee requests the Government to indicate the criteria that are used and applied to determine remuneration in the public and private sectors with a view to ensuring that they are exempt from any gender bias and do not give rise, in practice, to an under-evaluation of jobs mainly occupied by women. It reminds the Government in this regard that it can have recourse to ILO’s technical assistance.
Application in practice. The Committee notes that, according to the reports prepared by the regional labour inspection services, transmitted to the central level, no violations relating to the Convention have been reported. However, it notes the Government’s reference to the importance of reinforcing the capacities of all stakeholders, and particularly labour inspectors, the social partners and magistrates, through increased and adequate training with a view to being able to give effect in practice to the principle of the Convention. The Committee requests the Government to continue providing specific information on the number, nature and outcome of complaints relating to discrimination and equal remuneration examined by labour inspectors and cases of wage discrimination dealt with by the courts or any other competent authority. The Committee requests the Government to provide specific information on any awareness raising and information activities envisaged or carried out with a view to promoting improved understanding by workers and employers and their organizations, the labour inspection services and magistrates of the principle of equal remuneration for men and women, and particularly of the concept of “work of equal value”.

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

The Committee takes note of the observations of the Autonomous Trade Union of Labour Inspectors (SAIT) received on 9 March 2021, which address issues related to the application of the Convention. The Committee requests the Government to provide its comments in this respect.
The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. For several years, the Committee has been emphasizing that the provisions on equal remuneration of section 53 of the Labour Code are more restrictive than those of the Convention, as they limit the application of the principle of equal remuneration for work of equal value to persons engaged in the same job and with the same vocational qualifications. The Committee notes the Government’s indication in its report that in March 2016 the National Conference of Labour Inspectors raised the issue of the amendment of certain provisions of the Labour Code, including section 53, and that a draft text to amend this provision will soon be submitted to the National Labour Council (CNT) to seek the views of the social partners on this subject. While recalling that it considers that the full and complete incorporation into the legislation of the principle of equal remuneration for men and women for work of equal value is essential to ensure the effective application of the Convention, the Committee trusts that the Government will take the opportunity of the draft amendment of the Labour Code to achieve the full integration of the principle of the Convention in the new Labour Code, in cooperation with employers’ and workers’ organizations, and that it will ensure that the new provisions encompass not only equal work or work performed under equal conditions, but also work which is of an entirely different nature, but nevertheless of equal value. It requests the Government to provide information on any progress achieved in this regard and on any other measures adopted or envisaged to promote and ensure equal remuneration for men and women for work of equal value in practice.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with concern 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
Article 2 of the Convention. Gender pay gap. In its previous comments, the Committee noted the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), according to which wage discrimination against women working in the private sector is particularly significant. It also noted the Government’s indication that there is no wage discrimination against women when workers, irrespective of their gender, are in identical jobs and have the same qualifications. While reminding the Government that, in accordance with the Convention, equal remuneration applies not only when workers have identical posts or jobs, but also when they have different jobs that are of equal value, the Committee requested the Government to provide information on the measures taken to identify and eliminate the causes of inequalities of remuneration between men and women and to gather data on the number of men and women working in the private and public sectors (by category) and their respective remuneration levels. The Committee notes the statistical information available for 2011, provided by the Government in its report. However, it draws the Government’s attention to the fact that these data do not enable it to assess the application, in practice, of the principle of the Convention. On the one hand, the information on the public sector and the distribution of state employees by occupational category is not disaggregated by sex and does not include any data on the different levels of remuneration. On the other hand, the information relating to the private sector shows the distribution of men and women in the various occupational categories in the secondary and tertiary sectors and the general average wage, without this information being disaggregated by sex so as to enable the Committee to compare the average levels of remuneration of men and women. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern the high rate of unemployment among women, the strong vertical and horizontal segregation in the labour market, as well as the absence of implemented laws in this field, including on equal pay, as evidenced by the persistence of wage gaps between women and men in both the public and private sectors (CEDAW/C/MDG/CO/6–7, 24 November 2015, paragraph 30). The Committee, once again, requests the Government to take the necessary measures to collect and analyse detailed statistical data, disaggregated by sex, on the distribution of men and women in the various occupational categories in the public and private sectors and their respective remuneration rates. It also requests the Government to provide information on the measures adopted or envisaged, in collaboration with employers’ and workers’ organizations, to address: the occupational segregation of women in the labour market; and to reduce the remuneration gap between men and women, particularly by enabling women to have access to a broader range of employment opportunities, including in sectors where wages are high and in executive positions and posts of responsibility in the public and private sectors. The Committee reminds the Government in this regard that it can have recourse to the ILO’s technical assistance.
Collective agreements. The Committee previously noted that a national Air company’s collective agreement concluded in 2010, envisaged the possibility, solely for women personnel, to take early retirement at the age of 55 years under certain conditions. It subsequently noted the adoption of Decree No. 2013-337 of 14 May 2013, establishing the retirement age at 60 years for both men and women employees in all enterprises governed by the national legislation in force, including the national Air company of concern, and it requested the Government to indicate whether the provisions of the collective agreement referred to above continued to be applicable. The Committee notes the Government’s statement that, in practice, the provision envisaging the possibility of early retirement at the age of 55 for women employees of the Air company of concern is no longer applicable and that all of the personnel continue to work up to the age of 60 years and to receive normal old-age benefits. Noting the Government’s indication that the social partners could in due time re-examine the possibility of including in the Air company’s collective agreement a provision on early retirement for all the personnel, the Committee requests the Government to provide information on any further developments in this respect. It also requests the Government to provide extracts from collective agreements containing clauses giving effect to the principle of equal remuneration for men and women for work of equal value.
Article 3. Objective job evaluation. The Committee notes that the draft decree to harmonize the professional index of public employees is still under preparation. The Government indicates that it is currently engaged in the mapping of existing jobs (job titles and descriptions) in the public service with a view to then being able to harmonize the wage scales for “identical positions”. The Committee once again reminds the Government that the principle set forth in the Convention is not limited to “identical positions”, as it provides for equal remuneration for work of equal value, which also covers situations in which men and women perform different work, but that is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 679). With regard to the private sector, the Government indicates that the remuneration of employed persons depends on the classification, as set out in collective agreements, attributed to them at the time of recruitment. The Committee draws the Government’s attention to the fact that, while it is important in itself to ensure that remuneration rates and categories are applied to men and women without discrimination, that is not sufficient to promote and ensure the full and complete application of the principle of equal remuneration for work of equal value. This is because the segregation that occurs between men and women on the labour market in terms of choice of employment results in an under-evaluation of jobs mainly occupied by women. The elimination of inequalities in remuneration resulting from this occupational segregation presupposes the comparison of jobs mainly carried out by women with those that are mainly exercised by men based on objective criteria exempt from any gender bias (see 2012 General Survey, paragraph 695). The Committee requests the Government to provide information on the measures adopted or envisaged to promote, in collaboration with employers’ and workers’ organizations, the use of objective job evaluation methods in the public and private sectors, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value finds expression in all mechanisms for the determination and adjustment of wages. The Committee requests the Government to indicate the criteria that are used and applied to determine remuneration in the public and private sectors with a view to ensuring that they are exempt from any gender bias and do not give rise, in practice, to an under-evaluation of jobs mainly occupied by women. It reminds the Government in this regard that it can have recourse to ILO’s technical assistance.
Application in practice. The Committee notes that, according to the reports prepared by the regional labour inspection services, transmitted to the central level, no violations relating to the Convention have been reported. However, it notes the Government’s reference to the importance of reinforcing the capacities of all stakeholders, and particularly labour inspectors, the social partners and magistrates, through increased and adequate training with a view to being able to give effect in practice to the principle of the Convention. The Committee requests the Government to continue providing specific information on the number, nature and outcome of complaints relating to discrimination and equal remuneration examined by labour inspectors and cases of wage discrimination dealt with by the courts or any other competent authority. The Committee requests the Government to provide specific information on any awareness raising and information activities envisaged or carried out with a view to promoting improved understanding by workers and employers and their organizations, the labour inspection services and magistrates of the principle of equal remuneration for men and women, and particularly of the concept of “work of equal value”.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. For several years, the Committee has been emphasizing that the provisions on equal remuneration of section 53 of the Labour Code are more restrictive than those of the Convention, as they limit the application of the principle of equal remuneration for work of equal value to persons engaged in the same job and with the same vocational qualifications. The Committee notes the Government’s indication in its report that in March 2016 the National Conference of Labour Inspectors raised the issue of the amendment of certain provisions of the Labour Code, including section 53, and that a draft text to amend this provision will soon be submitted to the National Labour Council (CNT) to seek the views of the social partners on this subject. While recalling that it considers that the full and complete incorporation into the legislation of the principle of equal remuneration for men and women for work of equal value is essential to ensure the effective application of the Convention, the Committee trusts that the Government will take the opportunity of the draft amendment of the Labour Code to achieve the full integration of the principle of the Convention in the new Labour Code, in cooperation with employers’ and workers’ organizations, and that it will ensure that the new provisions encompass not only equal work or work performed under equal conditions, but also work which is of an entirely different nature, but nevertheless of equal value. It requests the Government to provide information on any progress achieved in this regard and on any other measures adopted or envisaged to promote and ensure equal remuneration for men and women for work of equal value in practice.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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
Article 2 of the Convention. Gender pay gap. In its previous comments, the Committee noted the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), according to which wage discrimination against women working in the private sector is particularly significant. It also noted the Government’s indication that there is no wage discrimination against women when workers, irrespective of their gender, are in identical jobs and have the same qualifications. While reminding the Government that, in accordance with the Convention, equal remuneration applies not only when workers have identical posts or jobs, but also when they have different jobs that are of equal value, the Committee requested the Government to provide information on the measures taken to identify and eliminate the causes of inequalities of remuneration between men and women and to gather data on the number of men and women working in the private and public sectors (by category) and their respective remuneration levels. The Committee notes the statistical information available for 2011, provided by the Government in its report. However, it draws the Government’s attention to the fact that these data do not enable it to assess the application, in practice, of the principle of the Convention. On the one hand, the information on the public sector and the distribution of state employees by occupational category is not disaggregated by sex and does not include any data on the different levels of remuneration. On the other hand, the information relating to the private sector shows the distribution of men and women in the various occupational categories in the secondary and tertiary sectors and the general average wage, without this information being disaggregated by sex so as to enable the Committee to compare the average levels of remuneration of men and women. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern the high rate of unemployment among women, the strong vertical and horizontal segregation in the labour market, as well as the absence of implemented laws in this field, including on equal pay, as evidenced by the persistence of wage gaps between women and men in both the public and private sectors (CEDAW/C/MDG/CO/6–7, 24 November 2015, paragraph 30). The Committee, once again, requests the Government to take the necessary measures to collect and analyse detailed statistical data, disaggregated by sex, on the distribution of men and women in the various occupational categories in the public and private sectors and their respective remuneration rates. It also requests the Government to provide information on the measures adopted or envisaged, in collaboration with employers’ and workers’ organizations, to address: the occupational segregation of women in the labour market; and to reduce the remuneration gap between men and women, particularly by enabling women to have access to a broader range of employment opportunities, including in sectors where wages are high and in executive positions and posts of responsibility in the public and private sectors. The Committee reminds the Government in this regard that it can have recourse to the ILO’s technical assistance.
Collective agreements. The Committee previously noted that a national Air company’s collective agreement concluded in 2010, envisaged the possibility, solely for women personnel, to take early retirement at the age of 55 years under certain conditions. It subsequently noted the adoption of Decree No. 2013-337 of 14 May 2013, establishing the retirement age at 60 years for both men and women employees in all enterprises governed by the national legislation in force, including the national Air company of concern, and it requested the Government to indicate whether the provisions of the collective agreement referred to above continued to be applicable. The Committee notes the Government’s statement that, in practice, the provision envisaging the possibility of early retirement at the age of 55 for women employees of the Air company of concern is no longer applicable and that all of the personnel continue to work up to the age of 60 years and to receive normal old-age benefits. Noting the Government’s indication that the social partners could in due time re-examine the possibility of including in the Air company’s collective agreement a provision on early retirement for all the personnel, the Committee requests the Government to provide information on any further developments in this respect. It also requests the Government to provide extracts from collective agreements containing clauses giving effect to the principle of equal remuneration for men and women for work of equal value.
Article 3. Objective job evaluation. The Committee notes that the draft decree to harmonize the professional index of public employees is still under preparation. The Government indicates that it is currently engaged in the mapping of existing jobs (job titles and descriptions) in the public service with a view to then being able to harmonize the wage scales for “identical positions”. The Committee once again reminds the Government that the principle set forth in the Convention is not limited to “identical positions”, as it provides for equal remuneration for work of equal value, which also covers situations in which men and women perform different work, but that is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 679). With regard to the private sector, the Government indicates that the remuneration of employed persons depends on the classification, as set out in collective agreements, attributed to them at the time of recruitment. The Committee draws the Government’s attention to the fact that, while it is important in itself to ensure that remuneration rates and categories are applied to men and women without discrimination, that is not sufficient to promote and ensure the full and complete application of the principle of equal remuneration for work of equal value. This is because the segregation that occurs between men and women on the labour market in terms of choice of employment results in an under-evaluation of jobs mainly occupied by women. The elimination of inequalities in remuneration resulting from this occupational segregation presupposes the comparison of jobs mainly carried out by women with those that are mainly exercised by men based on objective criteria exempt from any gender bias (see 2012 General Survey, paragraph 695). The Committee requests the Government to provide information on the measures adopted or envisaged to promote, in collaboration with employers’ and workers’ organizations, the use of objective job evaluation methods in the public and private sectors, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value finds expression in all mechanisms for the determination and adjustment of wages. The Committee requests the Government to indicate the criteria that are used and applied to determine remuneration in the public and private sectors with a view to ensuring that they are exempt from any gender bias and do not give rise, in practice, to an under-evaluation of jobs mainly occupied by women. It reminds the Government in this regard that it can have recourse to ILO’s technical assistance.
Application in practice. The Committee notes that, according to the reports prepared by the regional labour inspection services, transmitted to the central level, no violations relating to the Convention have been reported. However, it notes the Government’s reference to the importance of reinforcing the capacities of all stakeholders, and particularly labour inspectors, the social partners and magistrates, through increased and adequate training with a view to being able to give effect in practice to the principle of the Convention. The Committee requests the Government to continue providing specific information on the number, nature and outcome of complaints relating to discrimination and equal remuneration examined by labour inspectors and cases of wage discrimination dealt with by the courts or any other competent authority. The Committee requests the Government to provide specific information on any awareness raising and information activities envisaged or carried out with a view to promoting improved understanding by workers and employers and their organizations, the labour inspection services and magistrates of the principle of equal remuneration for men and women, and particularly of the concept of “work of equal value”.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. For several years, the Committee has been emphasizing that the provisions on equal remuneration of section 53 of the Labour Code are more restrictive than those of the Convention, as they limit the application of the principle of equal remuneration for work of equal value to persons engaged in the same job and with the same vocational qualifications. The Committee notes the Government’s indication in its report that in March 2016 the National Conference of Labour Inspectors raised the issue of the amendment of certain provisions of the Labour Code, including section 53, and that a draft text to amend this provision will soon be submitted to the National Labour Council (CNT) to seek the views of the social partners on this subject. While recalling that it considers that the full and complete incorporation into the legislation of the principle of equal remuneration for men and women for work of equal value is essential to ensure the effective application of the Convention, the Committee trusts that the Government will take the opportunity of the draft amendment of the Labour Code to achieve the full integration of the principle of the Convention in the new Labour Code, in cooperation with employers’ and workers’ organizations, and that it will ensure that the new provisions encompass not only equal work or work performed under equal conditions, but also work which is of an entirely different nature, but nevertheless of equal value. It requests the Government to provide information on any progress achieved in this regard and on any other measures adopted or envisaged to promote and ensure equal remuneration for men and women for work of equal value in practice.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 2 of the Convention. Gender pay gap. In its previous comments, the Committee noted the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), according to which wage discrimination against women working in the private sector is particularly significant. It also noted the Government’s indication that there is no wage discrimination against women when workers, irrespective of their gender, are in identical jobs and have the same qualifications. While reminding the Government that, in accordance with the Convention, equal remuneration applies not only when workers have identical posts or jobs, but also when they have different jobs that are of equal value, the Committee requested the Government to provide information on the measures taken to identify and eliminate the causes of inequalities of remuneration between men and women and to gather data on the number of men and women working in the private and public sectors (by category) and their respective remuneration levels. The Committee notes the statistical information available for 2011, provided by the Government in its report. However, it draws the Government’s attention to the fact that these data do not enable it to assess the application, in practice, of the principle of the Convention. On the one hand, the information on the public sector and the distribution of state employees by occupational category is not disaggregated by sex and does not include any data on the different levels of remuneration. On the other hand, the information relating to the private sector shows the distribution of men and women in the various occupational categories in the secondary and tertiary sectors and the general average wage, without this information being disaggregated by sex so as to enable the Committee to compare the average levels of remuneration of men and women. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern the high rate of unemployment among women, the strong vertical and horizontal segregation in the labour market, as well as the absence of implemented laws in this field, including on equal pay, as evidenced by the persistence of wage gaps between women and men in both the public and private sectors (CEDAW/C/MDG/CO/6–7, 24 November 2015, paragraph 30). The Committee, once again, requests the Government to take the necessary measures to collect and analyse detailed statistical data, disaggregated by sex, on the distribution of men and women in the various occupational categories in the public and private sectors and their respective remuneration rates. It also requests the Government to provide information on the measures adopted or envisaged, in collaboration with employers’ and workers’ organizations, to address: the occupational segregation of women in the labour market; and to reduce the remuneration gap between men and women, particularly by enabling women to have access to a broader range of employment opportunities, including in sectors where wages are high and in executive positions and posts of responsibility in the public and private sectors. The Committee reminds the Government in this regard that it can have recourse to the ILO’s technical assistance.
Collective agreements. The Committee previously noted that a national Air company’s collective agreement concluded in 2010, envisaged the possibility, solely for women personnel, to take early retirement at the age of 55 years under certain conditions. It subsequently noted the adoption of Decree No. 2013-337 of 14 May 2013, establishing the retirement age at 60 years for both men and women employees in all enterprises governed by the national legislation in force, including the national Air company of concern, and it requested the Government to indicate whether the provisions of the collective agreement referred to above continued to be applicable. The Committee notes the Government’s statement that, in practice, the provision envisaging the possibility of early retirement at the age of 55 for women employees of the Air company of concern is no longer applicable and that all of the personnel continue to work up to the age of 60 years and to receive normal old-age benefits. Noting the Government’s indication that the social partners could in due time re-examine the possibility of including in the Air company’s collective agreement a provision on early retirement for all the personnel, the Committee requests the Government to provide information on any further developments in this respect. It also requests the Government to provide extracts from collective agreements containing clauses giving effect to the principle of equal remuneration for men and women for work of equal value.
Article 3. Objective job evaluation. The Committee notes that the draft decree to harmonize the professional index of public employees is still under preparation. The Government indicates that it is currently engaged in the mapping of existing jobs (job titles and descriptions) in the public service with a view to then being able to harmonize the wage scales for “identical positions”. The Committee once again reminds the Government that the principle set forth in the Convention is not limited to “identical positions”, as it provides for equal remuneration for work of equal value, which also covers situations in which men and women perform different work, but that is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 679). With regard to the private sector, the Government indicates that the remuneration of employed persons depends on the classification, as set out in collective agreements, attributed to them at the time of recruitment. The Committee draws the Government’s attention to the fact that, while it is important in itself to ensure that remuneration rates and categories are applied to men and women without discrimination, that is not sufficient to promote and ensure the full and complete application of the principle of equal remuneration for work of equal value. This is because the segregation that occurs between men and women on the labour market in terms of choice of employment results in an under-evaluation of jobs mainly occupied by women. The elimination of inequalities in remuneration resulting from this occupational segregation presupposes the comparison of jobs mainly carried out by women with those that are mainly exercised by men based on objective criteria exempt from any gender bias (see 2012 General Survey, paragraph 695). The Committee requests the Government to provide information on the measures adopted or envisaged to promote, in collaboration with employers’ and workers’ organizations, the use of objective job evaluation methods in the public and private sectors, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value finds expression in all mechanisms for the determination and adjustment of wages. The Committee requests the Government to indicate the criteria that are used and applied to determine remuneration in the public and private sectors with a view to ensuring that they are exempt from any gender bias and do not give rise, in practice, to an under-evaluation of jobs mainly occupied by women. It reminds the Government in this regard that it can have recourse to ILO’s technical assistance.
Application in practice. The Committee notes that, according to the reports prepared by the regional labour inspection services, transmitted to the central level, no violations relating to the Convention have been reported. However, it notes the Government’s reference to the importance of reinforcing the capacities of all stakeholders, and particularly labour inspectors, the social partners and magistrates, through increased and adequate training with a view to being able to give effect in practice to the principle of the Convention. The Committee requests the Government to continue providing specific information on the number, nature and outcome of complaints relating to discrimination and equal remuneration examined by labour inspectors and cases of wage discrimination dealt with by the courts or any other competent authority. The Committee requests the Government to provide specific information on any awareness raising and information activities envisaged or carried out with a view to promoting improved understanding by workers and employers and their organizations, the labour inspection services and magistrates of the principle of equal remuneration for men and women, and particularly of the concept of “work of equal value”.

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

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. For several years, the Committee has been emphasizing that the provisions on equal remuneration of section 53 of the Labour Code are more restrictive than those of the Convention, as they limit the application of the principle of equal remuneration for work of equal value to persons engaged in the same job and with the same vocational qualifications. The Committee notes the Government’s indication in its report that in March 2016 the National Conference of Labour Inspectors raised the issue of the amendment of certain provisions of the Labour Code, including section 53, and that a draft text to amend this provision will soon be submitted to the National Labour Council (CNT) to seek the views of the social partners on this subject. While recalling that it considers that the full and complete incorporation into the legislation of the principle of equal remuneration for men and women for work of equal value is essential to ensure the effective application of the Convention, the Committee trusts that the Government will take the opportunity of the draft amendment of the Labour Code to achieve the full integration of the principle of the Convention in the new Labour Code, in cooperation with employers’ and workers’ organizations, and that it will ensure that the new provisions encompass not only equal work or work performed under equal conditions, but also work which is of an entirely different nature, but nevertheless of equal value. It requests the Government to provide information on any progress achieved in this regard and on any other measures adopted or envisaged to promote and ensure equal remuneration for men and women for work of equal value in practice.
The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes the observations made by the General Confederation of Workers’ Unions of Madagascar (FISEMA), of 22 August 2013, and the observations of 30 August 2013 of the Christian Confederation of Malagasy Trade Unions (SEKRIMA). The Committee invites the Government to provide its comments on the issues raised by the FISEMA and the SEKRIMA.
Gender pay gap. The Committee notes the observations of SEKRIMA that wage discrimination against women working in the private sector is particularly significant. It notes the Government’s indication that there is no pay gap in cases where workers, regardless of their sex, are in identical posts or jobs and have the same qualifications. The Committee draws the Government’s attention to the fact that, in accordance with the Convention, equal remuneration applies not only when workers have identical posts or jobs, but also when they have different jobs that are of equal value. It also recalls that inequalities of remuneration can result from a number of factors, including from horizontal and vertical occupational segregation which confines women to the lowest paid jobs and occupations. In respect of the public sector, even if the basic salary is often equal, inequalities may nevertheless persist due to the criteria and methodology used to classify jobs, particularly due to the underevaluation of jobs in which women are concentrated. Inequalities of remuneration can also result from disparities in the payment of certain additional benefits, such as housing benefits. The Committee requests the Government to provide information on any measures taken to identify and eliminate the causes of unequal remuneration between men and women, and particularly occupational sex segregation and the underevaluation of jobs generally held by women. It again asks the Government to take the necessary measures to gather data showing the number of men and women working in the private and public sectors (by category) as well as information on the earnings of men and women in the different economic sectors, including the public sector, and the various occupations, and to provide these data, together with any analyses or studies on the subject.
Article 2 of the Convention. Collective agreements. In its previous observation, the Committee noted that the Air Madagascar collective agreement, concluded on 28 April 2010, provides that the age of retirement for women may be brought forward to 55 years “under the conditions envisaged by the National Social Insurance Fund (CNAPS) and at the request of the person concerned”. It asked the Government to indicate the reasons why the possibility of taking retirement at 55 years, envisaged by the new collective agreement of 28 April 2010, is only open to women. The Committee notes the Government’s indication that, following the adoption of Decree No. 2013-337 of 14 May 2013, the retirement age is fixed at 60 years for all men and women employees in all enterprises governed by the national legislation that is in force, including Air Madagascar. The Committee requests the Government to indicate whether the provisions enabling women to retire at 55 years in the collective agreement with Air Madagascar, in which the State is a majority shareholder, are still applicable and, if so, requests it to take the necessary measures to have clause 64 of this agreement reviewed with a view to affording the opportunity of early retirement to men and women on an equal footing. The Committee also requests the Government to provide information on the effects in practice of this provision on the old-age benefit received by women.
Article 3. Objective job evaluation. The Committee notes the Government’s indication that the unions of public employees have undertaken a study on the harmonization of the professional index of public employees, which is based on the principle of equal remuneration for men and women public employees in the same category, with identical career paths but in different jobs. The draft decree is before the competent authorities. The Committee requests the Government to send a copy of the decree once it has been adopted and again asks it to provide information on any measures taken or envisaged to encourage the development and use of methods to evaluate jobs on the basis of the work involved, in the public and private sectors, in order to give effect to the principle of equal remuneration for men and women for work of equal value.
Parts III and IV of the report form. Monitoring and enforcement. The Committee notes that, according to the Government’s indications, labour inspectors have not received training on equal remuneration and that no violations have been noted by the inspection services during inspections. The Government indicates that it will consider all proposals of ILO technical assistance to strengthen the capacities of the labour inspectors in this regard. The Committee notes the observations of the FISEMA that the application of the principle of equal remuneration is particularly difficult to verify as in most cases, pay records are confidential. The organization also emphasizes that the reports of the labour inspectorate on the inspections carried out should be made available to be able to assess the effect given to provisions of the Labour Code on this subject. The Committee requests the Government to take the necessary measures, including in terms of resources, for the training of labour inspectors and controllers, and magistrates, so that they are better able to deal with violations of the principle of equal remuneration, and asks it to provide information on the measures taken in this regard. It also asks the Government to continue to provide information on the inspections carried out by labour inspectors and controllers in enterprises on the issues addressed by the Convention (violations reported, sanctions and prosecutions) and any extracts of relevant reports, as well as any court decisions handed down on this subject.

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. For several years, the Committee has been emphasizing that the provisions on equal remuneration of section 53 of Act No. 2003-044 of 28 July 2004 issuing the Labour Code are more restrictive than those of the Convention, as they limit the application of the principle of equal remuneration for work of equal value to persons in the same job and with the same vocational qualifications. The Committee notes the Government’s indication that equal remuneration for work of equal value is guaranteed by the current legislation. The Committee nevertheless draws the Government’s attention to the fact that the notion of “work of equal value” allows for a comparison between different jobs requiring different vocational qualifications, but which in overall terms, are of equal value determined on the basis of a set of objective criteria. The Committee draws the Government’s attention in this regard to its General Survey, including the examples of different jobs which were found to be of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 673–675). The Committee requests the Government to take the necessary measures to bring section 53 of the Labour Code into full conformity with the Convention in order to ensure that the principle of equal remuneration for work of equal value is applied to workers with different jobs and different vocational qualifications, and to provide information on any progress made to this end.
The Committee is raising other points in a request addressed directly to the Government.

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

Remuneration gaps. In its previous comments, the Committee noted that in 2005 the average wage gap between men and women was 34 per cent and it requested the Government to indicate the steps taken with a view to reducing this gap and to provide recent information on the remuneration of men and women. The Committee notes the Government’s indication that such statistics are not available and observes that the Government has not provided information on the steps taken to combat wage gaps. The Committee emphasizes that an analysis of the situation and wages of men and women in all employment categories, both between and within economic sectors, is necessary to combat the problem of the wage gap between men and women. The Committee therefore asks the Government to take the necessary steps to gather data showing the number of men and women working in the public and private sectors (by category), as well as information on the earnings of men and women in the different economic sectors, including the public sector, and the various occupations, and to provide these data, together with any analyses or studies on the subject.
Article 3. Objective job evaluation. The Committee notes the Government’s indication that no information is available on this matter. It nevertheless wishes to draw the Government’s attention to the fact that the notion of paying men and women in accordance with the value of their work necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed on the basis of objective and non discriminatory criteria, such as the skills required, effort, responsibilities and working conditions (General Survey on Equal Remuneration, 1986, paragraphs 138–152). The Committee also notes that, according to the Government’s report, a study on the harmonization of the professional index has been commenced with a view to resolving the problem of remuneration gaps between officials in the various administrative bodies, but who are in the same professional category. The Committee asks the Government to indicate the manner in which the principle of equal remuneration has been taken into account in the context of the current harmonization of the professional index and to provide information on any measures adopted or envisaged to encourage the formulation and utilization of job evaluation methods based on the work involved, in the public and private sectors, with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.
Supervision of application. The Committee notes the general information provided by the Government on the functions of the labour inspectorate in relation to supervision and the provision of advice under the terms of the Labour Code. It also notes that, according to the Government, labour inspectors have not been provided with any training on wage discrimination, but that this issue will be the subject of discussions at their level. The Committee encourages the Government to take the necessary measures, particularly in terms of resources, for the training of labour inspectors and controllers, and magistrates, so that they are better able to deal with violations of the principle of equal remuneration, and asks it to provide information on the measures adopted in this respect. It also asks the Government to provide information on the supervision carried out by labour inspectors and controllers in enterprises in 2010 and 2011 in relation to the issues addressed by the Convention (the violations reported, sanctions imposed, prosecutions), and any court decisions handed down in this respect.

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

Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee emphasized that section 53 of Act No. 2003-044 of 28 July 2004 issuing the Labour Code contains provisions that are more restrictive than those of the Convention, as it limits the application of the principle of equal remuneration for work of equal value to persons in the same job and with the same vocational qualifications. The Committee notes the Government’s indication that a revision of the labour legislation, including the Labour Code, is now envisaged, but that it has not yet been carried out. The Government adds that the Committee’s comments concerning section 53 will be taken into account in the revision of the Labour Code. The Committee trusts that the Government will soon be in a position to take the necessary measures to bring section 53 of the Labour Code into full conformity with the Convention by guaranteeing equal remuneration for men and women for work of equal value and allowing for a comparison between work of a completely different nature, and asks the Government to provide information on the measures adopted in this respect.
Collective agreements. The Committee recalls that, in its ruling of 5 April 2007, the Court of Appeal of Antananarivo found to be discriminatory clause XII of the Air Madagascar collective agreement concerning air crew and commercial personnel establishing the retirement age for air crew at 50 for men and 45 for women. The Committee welcomes the revision of the collective agreement concerned and notes that the new collective agreement, concluded on 28 April 2010, provides that the retirement age for air crew without distinction on grounds of sex is 55 years, beyond which age employees who wish to continue working are incorporated into the ground personnel. According to the Government, the retirement age for all personnel of Air Madagascar is 60 years, but it may be brought forward to 55 years for women staff “under the conditions envisaged by the National Social Welfare Fund (Caisse nationale de prévoyance sociale (CNAPS)) and at the request of the person concerned” under the terms of clause 64(1) of the above collective agreement. Noting this information, the Committee asks the Government to provide information on the reasons why the possibility of taking retirement at 55 years of age envisaged by the new collective agreement of 28 April 2010 is solely open to women staff and it asks the Government to provide a copy of the collective agreement. The Committee also asks the Government to provide copies of collective agreements containing clauses giving effect to the principle of equal remuneration for men and women for work of equal value.
The Committee is also raising other points in a request addressed directly to the Government.

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

Remuneration gaps. The Committee notes that, according to the data published in the report on the 2005 Periodic Household Survey, wages for women are considerably lower than those for men (approximately 750,000 ariayry per year for women and 1,147,000 ariayry per year for men), the gender wage gap being more pronounced in managerial posts. The ratio between the average male and average female wage is more than 1.7 for managerial staff, 1.3 for unskilled workers and 1.1 for skilled workers. The Committee also notes that one of the objectives of the “National gender and development action plan (2004–08)” is to reduce the gender gap in the areas of employment and wages, particularly through information campaigns and training and the establishment of partnerships with advisory and guidance structures for employment. The Committee asks the Government to supply information on the steps taken in this context to reduce gender wage gaps and the results achieved. It also asks the Government to supply any available recent statistics on remuneration for men and women in the different sectors of the economy and at different levels of responsibility in the private sector, and also in the different categories of the public service.

Article 3 of the Convention. Objective job evaluation. The Committee asks the Government to supply information on the measures taken or contemplated to promote, in collaboration with the employers’ and workers’ organizations, the use of objective job evaluation methods, on the basis of the tasks involved and objective, non-discriminatory criteria, in the private and public sectors. The Committee also asks the Government to supply information on any survey or study undertaken, if applicable, in order to analyse the content of jobs in certain sectors, along the lines of those implemented with the technical assistance of the United Nations Development Programme (UNDP), the World Bank and the ILO, with respect to agriculture, the agri-food sector and public works.

Labour inspection. In view of the lack of any reply on this point, the Committee once again asks the Government to supply detailed information on the advisory and monitoring activities undertaken by the labour inspectorate to prevent and take action against discriminatory treatment of men or women, including any extracts from inspection reports relating to this issue. The Committee also asks the Government to indicate the measures taken or contemplated in the context of the training of labour inspectors to increase their ability to identify and address wage discrimination.

Practical application. With respect to practical application, the Committee notes the Government’s indication that there is an exact correspondence between the lowest category of manual workers and non-manual workers. The Committee asks the Government to clarify how such correspondence relates to ensuring equal remuneration between men and women for work of equal value.

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

Equal remuneration for work of equal value. Legislation. The Committee notes that section 53 of Act No. 2003-044 of 28 July 2004 issuing the Labour Code provides that for the same vocational qualifications, the same job and work of equal value, wages shall be equal for all workers irrespective of their origin, colour, national extraction, sex, age, union affiliation, opinions and status under the conditions set out in that chapter. In its previous comments the Committee emphasized that such provisions appeared to be more restrictive than those of the Convention since they restrict the application of the principle to identical jobs. It notes the indication in the Government’s report that this provision is applied more broadly in practice since there is an exact correspondence with the lowest category of job classification. However, the Committee would like to draw the Government’s attention to its general observation of 2006, in which it underlines the importance of establishing the principle of the Convention in the legislation in order to eliminate pay discrimination in situations where men and women carry out work which is different but of equal value. The Committee emphasizes that the concept of “work of equal value” encompasses work that is of an entirely different nature but nevertheless of equal value and that, in order to determine whether different jobs are of equal value, there has to be an examination of the respective tasks involved, on the basis of entirely objective and non-discriminatory criteria in order to avoid an assessment being tainted by gender bias. The Committee asks the Government to take the necessary steps to ensure that section 53 of the 2004 Labour Code is amended in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, in accordance with the Convention, and to supply information on the measures taken to this end.

Collective agreements. Discriminatory provisions. With regard to the procedure concerning the application of section XII of the Air Madagascar collective agreement relating to conditions of work for commercial air crews, which sets the retirement age at 50 years for men and 45 years for women, the Committee notes that the Court of Appeal of Antananarivo referred in its ruling of 5 April 2007 to the present Convention as ratified by Madagascar and considered that since section XII of the collective agreement provides for different treatment to the detriment of female air crew members, this constitutes gender-based discrimination. Ruling on the merits of the case, the Court of Appeal thus upheld Social Judgement No. 84 of 26 March 1999, which found that there had been unfair dismissals and ruled that the employer must pay damages and interest to the complainants. Noting this information with interest, the Committee asks the Government to indicate whether this Court of Appeal ruling has had an impact on the employment and remuneration of the female and male air crew members concerned. The Committee also asks the Government to indicate the measures taken to encourage the social partners to remove discriminatory provisions constituting obstacles to equal remuneration for men and women for work of equal value from collective agreements.

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 Government’s brief report and the attached information and statistics.

1. The Committee thanks the Government for the statistical information on the remuneration received by men and women, which is based on excerpts of the 1993 and 2001 Permanent Household Survey of the National Institute for Statistics (INSTAT). According to the Government, women earned 64.4 per cent of men’s wages in 1993, and 61.8 per cent in 2001. In the textile industry women earned 71 per cent of the wages of their male counterparts in 2001, which constitutes considerable progress compared to 1993 when the same ratio was at 53.2 per cent. The Committee also notes that the gender wage gap remains higher in the private sector, and particularly high in the informal economy. The Committee asks the Government to continue to provide statistical information on men’s and women’s earnings in its next report, including a copy of the full text of the most recent Permanent Household Survey in order to enable the Committee to further assess the application of the principle of equal remuneration between men and women for work of equal value.

2. In the light of the continuing existence of a wide gender pay gap, the Committee reiterates its request to the Government to include in its next report full information in reply to its previous direct request, which raised the following points:

1. Articles 1, 2 and 4, of the Convention. Restrictive legislative protection. The Committee previously noted that section 55 of the draft amendments to the Labour Code of May 2000 provided that “for the same vocational qualifications, the same job and for work of equal value, the wage shall be the same for all workers irrespective of their origin, colour, national extraction, sex, age and status under the conditions set out in the present chapter”. The Committee noted that this wording appeared to be more restrictive than the Convention, as the comparison of equal value, in the meaning of the Convention, is not necessarily at the level of the work performed in the context of two identical jobs. Instead, a comparison should also be possible between jobs that are not identical, but nevertheless of comparable value. The Government indicated that the spirit of section 55 was indeed to provide for equal remuneration for the same job and that workers and employers agreed to this formulation. Nevertheless, the Government indicated that it would transmit the Committee’s concerns to the National Employment Council. The Committee urges the Government to take the measures necessary to ensure that section 44 of the draft amendments to the Labour Code reflect fully the principle of the Convention.

2. Article 2. Fixation of wage rates. […] The Committee would appreciate also receiving information on wage determination under the Merchant Marine Code.

3. Part V of the report form. Practical application. Recalling the project carried out in collaboration with the United Nations Development Programme (UNDP), the World Bank, and the ILO, consisting of studies and surveys analysing the content of jobs in the various sectors, the Committee notes the Government’s intention to undertake such studies also in other sectors. The Government is asked to provide information on any follow-up action taken in this regard in its next report and results achieved.

4. Part III of the report form. Enforcement. The Committee notes the Government’s indication that the application of the legislation regarding equal remuneration was ensured, inter alia, through labour inspection services, training regarding relevant national labour legislation and international labour standards for workers’ and employers, the provision of information material to workers’ and employers’ organizations, and convocations of individual employers to the Ministry of Labour. The Committee asks the Government to provide further information on such activities and initiatives, including investigations made and results achieved. Please also provide relevant judicial decisions dealing with equal remuneration for work of equal value, as well as information concerning the activities undertaken by the National Employment Council to promote the application of the Convention.

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

1. Articles 1 and 2 of the Convention. Discriminatory provisions in collective agreements. The Committee recalls its previous observation regarding the unequal remuneration for male and female on-board staff of Air Madagascar, resulting from the difference in the retirement age, which is set at 50 years for men and 45 for women by the applicable collective agreement. It recalls that the Arbitration Council of the Court of First Instance of Antanarivo had declared the relevant provisions of the collective agreement inapplicable on 28 November 1997 on the ground that they constituted discrimination on the basis of sex. On the same matter, the Supreme Court of the Republic of Madagascar had ruled in its judgement of 5 September 2003 in the case of Dugain and others v. Air Madagascar that the courts may annul provisions of collective agreements when they are contrary to public order or to international conventions protecting the rights of women, including the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The case had then been sent back to the lower court.

2. The Committee notes from the information provided with the Government’s report that the lower court, in its interlocutory judgement No. 01 of 3 February 2005, has stayed its final decision on the matter until the Arbitration Council has rendered its judgement on the appeal lodged by Air Madagascar against the ruling of November 1997. The Committee asks the Government to keep it informed of the progress and the outcome of these proceedings in its next report. It also reiterates its request for information on the impact of these decisions on the employment and remuneration of the relevant male and female staff, as soon as such information is available.

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

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

1. Articles 1, 2 and 4 of the Convention. Restrictive legislative protection. The Committee previously noted that section 55 of the draft amendments to the Labour Code of May 2000 provided that "for the same vocational qualifications, the same job and for work of equal value, the wage shall be the same for all workers irrespective of their origin, colour, national extraction, sex, age and status under the conditions set out in the present chapter". The Committee noted that this wording appeared to be more restrictive of the Convention, as the comparison of equal value, in the meaning of the Convention, is not necessarily at the level of the work performed in the context of two identical jobs. Instead, a comparison should also be possible between jobs which are not identical, but nevertheless of comparable value. The Government indicated that the spirit of section 55 was indeed to provide for equal remuneration for the same job and that workers and employers agreed to this formulation. Nevertheless, the Government indicated that it would transmit the Committee’s concerns to the National Employment Council. The Committee urges the Government to take the measures necessary to ensure that  section 44 of the draft amendments to the Labour Code fully reflect the principle of the Convention.

2. Article 2. Fixation of wage rates. The Committee thanks the Government for providing Decree No. 2003-454 determining the minimum rates of remuneration, including the index scale annexed, as well as the information provided with regard to the determination of wages of officials governed by the specific conditions of service of public establishments and services (Decree No. 64-214 of 27 May 1964). The Committee would appreciate also receiving information on wage determination under the Merchant Marine Code.

3. Part V of the report form. Practical application. Recalling the project carried out in collaboration with the United Nations Development Programme (UNDP), the World Bank, and the ILO, consisting of studies and surveys analysing the content of jobs in the various sectors, the Committee notes the Government’s intention to undertake such studies also in other sectors. The Government is asked to provide information on any follow-up action taken in this regard in its next report and results achieved.

4. Part III of the report form. Enforcement. The Committee notes the Government’s indication that the application of the legislation regarding equal remuneration was ensured, inter alia, through labour inspection services, training regarding relevant national labour legislation and international labour standards for workers’ and employers, the provision of information material to workers’ and employers’ organizations, and convocations of individual employers to the Ministry of Labour. The Committee asks the Government to provide further information on such activities and initiatives, including investigations made and results achieved. Please also provide relevant judicial decisions dealing with equal remuneration for work of equal value, as well as information concerning the activities undertaken by the National Employment Council to promote the application of the Convention.

5. Part V of the report form. Practical application. The Committee notes the Government’s clarification that different levels of remuneration for men and women may result from permitted limitations on women performing night work or overtime. In order to allow the Committee to assess the levels of remuneration that men and women receive in the various sectors and occupations, the Government is invited to provide any statistical information regarding remuneration received by men and women.

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

Articles 1 and 2 of the Convention. Discriminatory provision in collective agreement. The Committee recalls the observations made by the Union of Commercial On-Board Staff (PNC) of Air Madagascar concerning the unequal remuneration arising out of the difference in the retirement age for male and female on-board staff, which is set at 50 years for men and 45 for women by the applicable collective agreement. The Committee had noted that the Arbitration Council of the Court of First Instance of Antanarivo ruled on this issue on 18 November 1997, when it declared the relevant provisions of the collective agreement inapplicable on the ground that they constituted discrimination on the basis of sex. The Committee had shared this conclusion and encouraged the Government to make every effort to resolve the situation in conformity with the principles of equality. In this regard, the Committee notes the Government’s indication that its observation had been brought to the attention of Air Madagascar. The Committee also notes that, in the meantime, the Supreme Court of the Republic of Madagascar ruled in its judgement of 5 September 2003 in the case of Dugain and others v. Air Madagascar that the courts may annul provisions of collective agreements when they are contrary to public order or to international conventions protecting the rights of women, including Convention No. 111. The case was sent back to the lower court. The Committee welcomes this decision and asks the Government to include in its next report, information on the outcome of these proceedings, including relevant judicial decisions, and the impact on the employment and remuneration situation of the relevant male and female staff.

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

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

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:

1. The Committee notes the draft amendment to the Labour Code attached to the Government’s report. The Government indicates that the principle of equal remuneration for work of equal value is incorporated in this draft text. However, the Committee notes that the wording adopted for section 55 of the draft text, "for the same vocational qualifications, the same job and for work of equal value, the wage shall be the same for all workers irrespective of their origin, colour, national extraction, sex, age and status under the conditions set out in the present chapter", appears more restrictive than the Convention. The comparison of the value of work, within the meaning of the Convention, is not necessarily at the level of the work performed in the context of two identical jobs, but more at the level of jobs which are not identical, but of comparable value, which presupposes an objective appraisal of the content of the two jobs. The Committee asks the Government to indicate whether section 55 covers jobs which are different, but of the same value.

2. The Committee notes with interest the first reports on the project carried out in collaboration with the United Nations Development Programme (UNDP), the World Bank and the ILO, consisting of studies and surveys designed to analyse the content of jobs in four sectors, namely agriculture, agro-food, construction and public works. The Committee notes that these surveys could usefully act as a basis for an evaluation of jobs and the determination of appropriate wages for them, and it hopes that the Government will extend these studies to other sectors. The Committee notes that the Government is requesting the assistance of the ILO in this respect.

3. The Committee notes that minimum rates of remuneration are determined by decree for each occupational category, after consulting the social partners, and taking into account the value of the index per sector, which serves as a basis for the determination of the basic monthly minimum wage. The Committee notes that the index scale, which the Government indicated that it had attached to its report, was unfortunately not received, and it asks the Government to provide a copy with future reports, as well as copies of the decrees determining the minimum rates of remuneration. The Committee also asks the Government to provide information on the machinery for the determination of wages covering workers who are governed by specific conditions of service which are different from the Labour Code, namely officials governed by the specific conditions of service of public establishments and services, or by the Merchant Marine Code.

4. The Committee notes the Government’s statement that at the level of the enterprise the employer may raise the remuneration rate determined by decree, thereby giving rise to a difference between the rates of wages for men and for women. The Committee draws the Government’s attention to its obligation under Article 2 of the Convention to ensure the application of the principle of equal remuneration, particularly where it has the legal authority to do so, which is the case where the legislation sets forth the prohibition of discrimination on grounds of sex in the determination of wages. The Committee therefore asks the Government to provide information on the methods by which it supervises the application of the Convention in practice. The Government also states that section 64 of the Labour Code does not prohibit wages being different for each worker as a function of their output. A difference of this type would not be contrary to the principle of the Convention, provided that it did not give rise to systematic discrimination between men and women.

5. The Committee asks the Government to provide information on the activities of the National Employment Council established under the Ministry of Labour, and particularly on whether it is participating in the abovementioned project of studies and surveys of jobs.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. The Committee notes the Government’s indications in relation to the observations made by the Union of Commercial On-Board Staff (PNC) of Air Madagascar concerning the unequal remuneration arising out of the difference in the retirement age for male and female on-board staff, which is set at 50 years for men and 45 for women. The Government states that, according to Air Madagascar, the limitation on the age of female on-board staff has been adopted due to the early ageing and nervous fatigue caused by the specific nature of their work. Air Madagascar also states that the age at which on-board staff cease to fly is not the same as a retirement age, since on-board staff are then transferred to a ground job, as indicated in section 12 of the "conditions of work and remuneration of commercial on-board staff", approved by the trade union, the labour inspectorate and the labour tribunal. Furthermore, according to Air Madagascar, the prohibition of discrimination between the sexes with regard to remuneration, whether under the terms of Convention No. 100 or Act No. 94-029, does not concern the retirement age, which relates to other conditions of work in regard to physiological characteristics.

2. The Committee wishes to point out, in relation to this matter, that although the determination of different retirement ages for men and women constitutes a difference of treatment which is covered primarily by Convention No. 111, it has an indirect impact on equal remuneration in view of the fact that remuneration is directly linked to employment. The same applies to the determination of a different age for ceasing to work as on-board staff. Furthermore, the Committee notes that the Arbitration Council of the Court of First Instance of Antananarivo ruled on this issue on 18 November 1997, when it declared section 12 of the "conditions of work and remuneration of commercial on-board staff" inapplicable on the grounds that it established discrimination on the ground of sex. The Committee endorses this conclusion concerning the existence of discrimination. However, the Committee regrets that a legal void is currently giving rise to an obstacle preventing the resolution of this dispute, following the contesting of this arbitration decision by the company. It encourages the Government to make every effort to resolve the situation and to take measures rapidly to fill the legal void which gave rise to this obstacle. It notes in this respect that the new draft Labour Code, section 217, states that arbitration awards, when they have been issued, accompanied by the reasons for the award and immediately notified to the parties, are final and without appeal and bring an end to the dispute.

In addition, the Committee is addressing a request directly to the Government on other points.

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 draft amendment to the Labour Code attached to the Government’s report. The Government indicates that the principle of equal remuneration for work of equal value is incorporated in this draft text. However, the Committee notes that the wording adopted for section 55 of the draft text, "for the same vocational qualifications, the same job and for work of equal value, the wage shall be the same for all workers irrespective of their origin, colour, national extraction, sex, age and status under the conditions set out in the present chapter", appears more restrictive than the Convention. The comparison of the value of work, within the meaning of the Convention, is not necessarily at the level of the work performed in the context of two identical jobs, but more at the level of jobs which are not identical, but of comparable value, which presupposes an objective appraisal of the content of the two jobs. The Committee asks the Government to indicate whether section 55 covers jobs which are different, but of the same value.

2.  The Committee notes with interest the first reports on the project carried out in collaboration with the United Nations Development Programme (UNDP), the World Bank and the ILO, consisting of studies and surveys designed to analyse the content of jobs in four sectors, namely agriculture, agro-food, construction and public works. The Committee notes that these surveys could usefully act as a basis for an evaluation of jobs and the determination of appropriate wages for them, and it hopes that the Government will extend these studies to other sectors. The Committee notes that the Government is requesting the assistance of the ILO in this respect.

3.  The Committee notes that minimum rates of remuneration are determined by decree for each occupational category, after consulting the social partners, and taking into account the value of the index per sector, which serves as a basis for the determination of the basic monthly minimum wage. The Committee notes that the index scale, which the Government indicated that it had attached to its report, was unfortunately not received, and it asks the Government to provide a copy with future reports, as well as copies of the decrees determining the minimum rates of remuneration. The Committee also asks the Government to provide information on the machinery for the determination of wages covering workers who are governed by specific conditions of service which are different from the Labour Code, namely officials governed by the specific conditions of service of public establishments and services, or by the Merchant Marine Code.

4.  The Committee notes the Government’s statement that at the level of the enterprise the employer may raise the remuneration rate determined by decree, thereby giving rise to a difference between the rates of wages for men and for women. The Committee draws the Government’s attention to its obligation under Article 2 of the Convention to ensure the application of the principle of equal remuneration, particularly where it has the legal authority to do so, which is the case where the legislation sets forth the prohibition of discrimination on grounds of sex in the determination of wages. The Committee therefore asks the Government to provide information on the methods by which it supervises the application of the Convention in practice. The Government also states that section 64 of the Labour Code does not prohibit wages being different for each worker as a function of their output. A difference of this type would not be contrary to the principle of the Convention, provided that it did not give rise to systematic discrimination between men and women.

5.  The Committee asks the Government to provide information on the activities of the National Employment Council established under the Ministry of Labour, and particularly on whether it is participating in the abovementioned project of studies and surveys of jobs.

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

1.  The Committee notes the Government’s indications in relation to the observations made by the Union of Commercial On-Board Staff (PNC) of Air Madagascar concerning the unequal remuneration arising out of the difference in the retirement age for male and female on-board staff, which is set at 50 years for men and 45 for women. The Government states that, according to Air Madagascar, the limitation on the age of female on-board staff has been adopted due to the early ageing and nervous fatigue caused by the specific nature of their work. Air Madagascar also states that the age at which on-board staff cease to fly is not the same as a retirement age, since on-board staff are then transferred to a ground job, as indicated in section 12 of the "conditions of work and remuneration of commercial on-board staff", approved by the trade union, the labour inspectorate and the labour tribunal. Furthermore, according to Air Madagascar, the prohibition of discrimination between the sexes with regard to remuneration, whether under the terms of Convention No. 100 or Act No. 94-029, does not concern the retirement age, which relates to other conditions of work in regard to physiological characteristics.

2.  The Committee wishes to point out, in relation to this matter, that although the determination of different retirement ages for men and women constitutes a difference of treatment which is covered primarily by Convention No. 111, it has an indirect impact on equal remuneration in view of the fact that remuneration is directly linked to employment. The same applies to the determination of a different age for ceasing to work as on-board staff. Furthermore, the Committee notes that the Arbitration Council of the Court of First Instance of Antananarivo ruled on this issue on 18 November 1997, when it declared section 12 of the "conditions of work and remuneration of commercial on-board staff" inapplicable on the grounds that it established discrimination on the ground of sex. The Committee endorses this conclusion concerning the existence of discrimination. However, the Committee regrets that a legal void is currently giving rise to an obstacle preventing the resolution of this dispute, following the contesting of this arbitration decision by the company. It encourages the Government to make every effort to resolve the situation and to take measures rapidly to fill the legal void which gave rise to this obstacle. It notes in this respect that the new draft Labour Code, section 217, states that arbitration awards, when they have been issued, accompanied by the reasons for the award and immediately notified to the parties, are final and without appeal and bring an end to the dispute.

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

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:

1. The Committee notes the adoption, on 4 November 1994, of Labour Code No. 94-029 which it had referred to in previous comments. It notes, however, that section 64 does not contain, as had been assured by the Government in an earlier report, the principle of equal remuneration for work of equal value, but rather uses the expression "for the same level of qualification, the same work and the same production, wages are equal for all workers ...". This constitutes a narrower formulation of the principle of equal pay than is set out in the Convention. The Committee observes once again that the Government had benefited from the technical assistance of the Office in the elaboration of the draft and that the introduction of the concept of equal remuneration for work of equal value would have improved the former text on which the Committee had made comments for many years. The Committee hopes that the necessary measures will be taken to amend the Code in conformity with the Convention and requests the Government to inform it of any developments in this regard.

2. Once again, the Committee notes that the Government has initiated a series of surveys and studies on, inter alia, the links between employment training and remuneration, and on manpower classifications. It notes in particular that the survey on the analysis of job content and qualifications conducted with the assistance of the UNDP, the World Bank and the ILO has made it possible to carry out an evaluation of jobs in certain sectors (agriculture, agro-food industry, construction, public works) and that it will serve as a basis for a new definition of occupational classifications by sector. It would be grateful if the Government would provide the results of the survey on the job and qualifications analysis and a copy of the new occupational classifications based on the survey. It also asks the Government to indicate the measures taken or envisaged to gradually extend the job evaluation to all branches of economic activity.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous comment, which read as follows:

The Committee notes the observations from the Union of Commercial On-Board Staff of AIR MADAGASCAR sent to the Government by letters of 23 January and 4 March 1996. These observations concern the unequal remuneration arising from the difference in the age of retirement between male and female on-board staff, which is set at 50 years for men and 45 years for women by Regulation 12 of the 1994 Regulations respecting the conditions of work and remuneration of AIR MADAGASCAR commercial on-board staff. (...) The Committee hopes that the Government will send its comments on the issues raised in the observations so that it may examine them at its next session.

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

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

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 1. The Committee notes the adoption, on 4 November 1994, of Labour Code No. 94-029 which it had referred to in previous comments. It notes, however, that section 64 does not contain, as had been assured by the Government in an earlier report, the principle of equal remuneration for work of equal value, but rather uses the expression "for the same level of qualification, the same work and the same production, wages are equal for all workers ...". This constitutes a narrower formulation of the principle of equal pay than is set out in the Convention. The Committee observes once again that the Government had benefited from the technical assistance of the Office in the elaboration of the draft and that the introduction of the concept of equal remuneration for work of equal value would have improved the former text on which the Committee had made comments for many years. The Committee hopes that the necessary measures will be taken to amend the Code in conformity with the Convention and requests the Government to inform it of any developments in this regard.

2. The Committee notes that the Government's report contains no reply to one of its previous comments. It hopes that the next report will include full information on this matter, which reads as follows:

2. The Committee notes that the Government has initiated a series of surveys and studies on, inter alia, the links between employment training and remuneration, and on manpower classifications. It notes in particular that the survey on the analysis of job content and qualifications conducted with the assistance of the UNDP, the World Bank and the ILO has made it possible to carry out an evaluation of jobs in certain sectors (agriculture, agro-food industry, construction, public works) and that it will serve as a basis for a new definition of occupational classifications by sector. It would be grateful if the Government would provide the results of the survey on the job and qualifications analysis and a copy of the new occupational classifications based on the survey. It also asks the Government to indicate the measures taken or envisaged to gradually extend the job evaluation to all branches of economic activity.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the observations from the Union of Commercial On-Board Staff of AIR MADAGASCAR sent to the Government by letters of 23 January and 4 March 1996. These observations concern the unequal remuneration arising from the difference in the age of retirement between male and female on-board staff, which is set at 50 years for men and 45 years for women by regulation 12 of the 1994 Regulations respecting the conditions of work and remuneration of AIR MADAGASCAR commercial on-board staff. The Committee hopes that the Government will send its comments on the issues raised in the observations so that it may examine them at its next session.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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

The Committee takes note of the information provided in the Government's brief report.

1. The Committee notes the adoption, on 4 November 1994, of Labour Code No. 94-029 which it had referred to in previous comments. It notes, however, that section 64 does not contain, as had been assured by the Government in an earlier report, the principle of equal remuneration for work of equal value, but rather uses the expression "for the same level of qualification, the same work and the same production, wages are equal for all workers ...". This constitutes a narrower formulation of the principle of equal pay than is set out in the Convention. The Committee observes once again that the Government had benefited from the technical assistance of the Office in the elaboration of the draft and that the introduction of the concept of equal remuneration for work of equal value would have improved the former text on which the Committee had made comments for many years. The Committee hopes that the necessary measures will be taken to amend the Code in conformity with the Convention and requests the Government to inform it of any developments in this regard.

2. The Committee notes that the Government's report contains no reply to one of its previous comments. It hopes that the next report will include full information on this matter, which reads as follows:

REPETITION 2. The Committee notes that the Government has initiated a series of surveys and studies on, inter alia, the links between employment training and remuneration, and on manpower classifications. It notes in particular that the survey on the analysis of job content and qualifications conducted with the assistance of the UNDP, the World Bank and the ILO has made it possible to carry out an evaluation of jobs in certain sectors (agriculture, agro-food industry, construction, public works) and that it will serve as a basis for a new definition of occupational classifications by sector. It would be grateful if the Government would provide the results of the survey on the job and qualifications analysis and a copy of the new occupational classifications based on the survey. It also asks the Government to indicate the measures taken or envisaged to gradually extend the job evaluation to all branches of economic activity.

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

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes the observations from the Union of Commercial On-Board Staff of AIR MADAGASCAR sent to the Government by letters of 23 January and 4 March 1996. These observations concern the unequal remuneration arising from the difference in the age of retirement between male and female on-board staff, which is set at 50 years for men and 45 years for women by regulation 12 of the 1994 Regulations respecting the conditions of work and remuneration of AIR MADAGASCAR commercial on-board staff. The Committee hopes that the Government will send its comments on the issues raised in the observations so that it may examine them at its next session. The Committee is addressing a direct request to the Government concerning other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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:

1. The Committee notes with interest the Government's statement that the National Labour Council has completed its examination of the draft Labour Code and was planning to prepare a final draft at its August 1993 session. It adds that the principle of equal remuneration for work of equal value will be guaranteed by the new legislation. The Committee observes that the Government received ILO technical assistance in its work. It points out that the introduction of the concept of equal value into the new legislation would improve the present text on which the Committee has been commenting for many years, and asks the Government to provide a copy of the new Code as soon as it has been adopted.

2. The Committee notes that the Government has initiated a series of surveys and studies on, inter alia, the links between employment training and remuneration, and on manpower classifications. It notes in particular that the survey on the analysis of job content and qualifications conducted with the assistance of the UNDP, the World Bank and the ILO has made it possible to carry out an evaluation of jobs in certain sectors (agriculture, agro-food industry, construction, public works) and that it will serve as a basis for a new definition of occupational classifications by sector. It would be grateful if the Government would provide the results of the survey on the job and qualifications analysis and a copy of the new occupational classifications based on the survey. It also asks the Government to indicate the measures taken or envisaged to gradually extend the job evaluation to all branches of economic activity.

3. The Committee notes from the report that the labour inspection services have not reported any cases of non-observance of the principle of the Convention, and asks the Government to continue to provide information on the measures taken to ensure supervision of the application of the laws and regulations concerning equal remuneration for work of equal value, and particularly on the activities of the labour inspectorate and on court decisions relevant to the Convention.

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

The Committee notes the observations from the Union of Commercial On-Board Staff of AIR MADAGASCAR sent to the Government by letters of 23 January and 4 March 1996. These observations concern the unequal remuneration arising from the difference in the age of retirement between male and female on-board staff, which is set at 50 years for men and 45 years for women by regulation 12 of the 1994 Regulations respecting the conditions of work and remuneration of AIR MADAGASCAR commercial on-board staff.

The Committee hopes that the Government will send its comments on the issues raised in the observations so that it may examine them at its next session.

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

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

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

1. The Committee notes with interest the Government's statement that the National Labour Council has completed its examination of the draft Labour Code and was planning to prepare a final draft at its August 1993 session. It adds that the principle of equal remuneration for work of equal value will be guaranteed by the new legislation. The Committee observes that the Government received ILO technical assistance in its work. It points out that the introduction of the concept of equal value into the new legislation would improve the present text on which the Committee has been commenting for many years, and asks the Government to provide a copy of the new Code as soon as it has been adopted.

2. The Committee notes that the Government has initiated a series of surveys and studies on, inter alia, the links between employment training and remuneration, and on manpower classifications. It notes in particular that the survey on the analysis of job content and qualifications conducted with the assistance of the UNDP, the World Bank and the ILO has made it possible to carry out an evaluation of jobs in certain sectors (agriculture, agro-food industry, construction, public works) and that it will serve as a basis for a new definition of occupational classifications by sector. It would be grateful if the Government would provide the results of the survey on the job and qualifications analysis and a copy of the new occupational classifications based on the survey. It also asks the Government to indicate the measures taken or envisaged to gradually extend the job evaluation to all branches of economic activity.

3. The Committee notes from the report that the labour inspection services have not reported any cases of non-observance of the principle of the Convention, and asks the Government to continue to provide information on the measures taken to ensure supervision of the application of the laws and regulations concerning equal remuneration for work of equal value, and particularly on the activities of the labour inspectorate and on court decisions relevant to the Convention.

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

The Committee notes the information supplied by the Government in its report in reply to its previous direct requests.

1. The Committee notes that the Government is planning a reform of the Labour Code of 1975 with the cooperation of the National Labour Council which has set up a special committee to examine, in particular, conditions of work including wages. The Committee hopes that the Government will take into consideration its previous comments on the application of the Convention and trusts that the new Labour Code will ensure application of the principle of equal remuneration for work of equal value, and not only for the same work as is presently the case under section 61 of the Labour Code. It would be grateful if the Government would keep it informed of any progress made in this respect.

2. The Committee notes that, according to the Government, it is very difficult for the time being, in view of the limited resources available, to conduct the necessary surveys for an objective appraisal of jobs. It requests the Government to endeavour, with the cooperation of employers' and workers' organizations, enterprises and any other appropriate body, to collect and analyse statistical data and to set up a system for evaluating jobs on the basis of the work to be performed, in accordance with Articles 3 and 4 of the Convention. It would be grateful if the Government would indicate in its next report the measures taken or contemplated to this end and any results obtained.

3. As regards the application of the principle of equal remuneration for work of equal value, the Committee notes that workers or their trade unions can refer disputes, including disputes over job classification, to the labour inspectorate or labour tribunal. The Committee notes, however, that the Government provides no examples of such supervisory activities. It therefore asks the Government to provide in its next report information on complaints recorded and any reported cases of failure to observe the principle of the Convention, as well as on the remedial measures taken, or any other measures adopted or contemplated, to ensure and promote the effective application of the Convention.

4. The Committee notes from the Government's report that, of the 172,632 permanent jobs, 28,910 are held by women, i.e. less than 17 per cent of the total, and would be grateful if the Government would continue to supply such information, specifying the number of men and women at the various levels of the public service and public and private enterprises employing a large number of women.

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

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 detailed report provided by the Government.

1. The Committee recalls that in its previous comments it has noted that the Labour Code provides in section 61 that equal wages are to be paid to all workers when the skill, the job and the output are equal, irrespective of sex, and pointed out that this is not an adequate basis for the application of the principle laid down in the Convention. It requested the Government to provide information on the criteria used, other than qualifications and output, to fix real wages; and asked also for information on any system of job classification which had been adopted or was contemplated.

The Government has stated in reply that minimum wages are fixed by decree for most workers, and in three sectors by collective agreements. Jobs are classified, in both cases, into categories for which wages are fixed, and there is no discrimination by sex in doing so as only the classification of the job determines the wage. In cases in which wages are fixed by collective agreements, the situation is the same as regards the basic wage. The Government has added that the Ministry does not have the financial resources to carry out an evaluation of jobs for an objective appraisal of their worth.

The Committee notes these explanations. It requests the Government to indicate whether the designation of the occupational categories used in fixing minimum wages by legislation, and those used in each of the collective agreements in force, were established taking into account the principle of comparative worth of different kinds of jobs. It again refers to paragraphs 19 to 21 and 44 to 62 of its 1986 General Survey on Equal Remuneration, and hopes that the Government will be able to indicate in its next report that it has been able to review the possibility of implementing the principle of equal pay for work of equal value, and not only for the same work as at present.

2. The Committee also noted in its previous commments that bonuses for output and seniority in some cases supplement the basic wage. It asked for information on the manner in which these bonuses, and those for other matters such as family and accomodation, were granted to men and women on an equal basis.

The Government has stated that output bonuses are not counted as forming part of the wage, for such purposes as calculating paid leave or various indemnities, that they are not obligatory, and are not regulated. The Committee recalls that the Convention applies to all benefits arising out of the worker's employment, and not only to the basic wage, and that output bonuses are therefore covered by the Convention as part of the worker's remuneration.

The Government also states that other kinds of bonuses, including those for seniority or family allocations, do form part of the wage and are paid on a basis of equality, in accordance with collective agreements. Collective agreements have been concluded in three sectors, and contain provisions on equality of wages similar to those in the legislation. The Committee refers to the comments it has made above, and hopes that for collective agreements as well as for minimum wages fixed by legislation, the Government will be able to indicate in its next report that it has made progress towards the application of the principle of equal work for work of equal value. In this connection, it requests the Government to send with its next report copies of the classifications used for fixing wages by occupational category, indicating those in which there is a high proportion of women occupied.

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

The Committee notes the detailed report provided by the Government.

1. The Committee recalls that in its previous comments it has noted that the Labour Code provides in section 61 that equal wages are to be paid to all workers when the skill, the job and the output are equal, irrespective of sex, and pointed out that this is not an adequate basis for the application of the principle laid down in the Convention. It requested the Government to provide information on the criteria used, other than qualifications and output, to fix real wages; and asked also for information on any system of job classification which had been adopted or was contemplated.

The Government has stated in reply that minimum wages are fixed by decree for most workers, and in three sectors by collective agreements. Jobs are classified, in both cases, into categories for which wages are fixed, and there is no discrimination by sex in doing so as only the classification of the job determines the wage. In cases in which wages are fixed by collective agreements, the situation is the same as regards the basic wage. The Government has added that the Ministry does not have the financial resources to carry out an evaluation of jobs for an objective appraisal of their worth.

The Committee notes these explanations. It requests the Government to indicate whether the designation of the occupational categories used in fixing minimum wages by legislation, and those used in each of the collective agreements in force, were established taking into account the principle of comparative worth of different kinds of jobs. It again refers to paragraphs 19 to 21 and 44 to 62 of its 1986 General Survey on Equal Remuneration, and hopes that the Government will be able to indicate in its next report that it has been able to review the possibility of implementing the principle of equal pay for work of equal value, and not only for the same work as at present.

2. The Committee also noted in its previous commments that bonuses for output and seniority in some cases supplement the basic wage. It asked for information on the manner in which these bonuses, and those for other matters such as family and accomodation, were granted to men and women on an equal basis.

The Government has stated that output bonuses are not counted as forming part of the wage, for such purposes as calculating paid leave or various indemnities, that they are not obligatory, and are not regulated. The Committee recalls that the Convention applies to all benefits arising out of the worker's employment, and not only to the basic wage, and that output bonuses are therefore covered by the Convention as part of the worker's remuneration.

The Government also states that other kinds of bonuses, including those for seniority or family allocations, do form part of the wage and are paid on a basis of equality, in accordance with collective agreements. Collective agreements have been concluded in three sectors, and contain provisions on equality of wages similar to those in the legislation. The Committee refers to the comments it has made above, and hopes that for collective agreements as well as for minimum wages fixed by legislation, the Government will be able to indicate in its next report that it has made progress towards the application of the principle of equal work for work of equal value. In this connection, it requests the Government to send with its next report copies of the classifications used for fixing wages by occupational category, indicating those in which there is a high proportion of women occupied.

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