Solicitud directa (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

The Committee has noted the information supplied by the Government in its last three reports.

1. The Committee has noted that section 21 of Constitutional Act No. 12/91 of 6 May 1991 provides for equal rights and duties of citizens without distinction as to sex and that section 33 provides for fair remuneration. It asks the Government to indicate what provision of national law states the principle of equal remuneration for men and women for work of equal value.

2. The Committee notes that, pursuant to the Government's policy of making wage policy more flexible in order to encourage the process of collective bargaining to settle working conditions, Decree No. 59/91 of 4 October 1991 allows the minimum wages fixed for workers in state, private or mixed undertakings to be exceeded through a process of collective bargaining between workers' and employers' representatives. The Committee would be grateful if the Government would indicate in its next report the measures taken to ensure that, when wages above the mandatory minimum are fixed, the principle of equal remuneration for men and women for work of equal value is duly taken into account. It asks the Government to supply the text of collective agreements fixing wages above the minimum, if possible indicating the proportion of women covered by such collective agreements and the distribution of men and women at the various wage levels.

3. The Committee has taken note of Decree No. 57/91 of 4 October 1991 approving the wage scale for workers in the public administration and similar organisations. It asks the Government to indicate the distribution of men and women at the various wage levels.

4. The Committee again asks the Government to supply information on the wages applicable in sectors of productive activity, such as agriculture, fishing, industry and trade, in which an increase has been observed in the participation of women workers.

5. In one of its previous reports the Government stated that the term "remuneration" covered only the cash wage payable to workers according to the quality and complexity of the work performed, and that the other financial benefits received by those concerned did not form part of their remuneration as defined by the law. The Committee points out that according to Article 1(a) of the Convention the term "remuneration" includes both the ordinary basic minimum wage and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment. It asks the Government to indicate the measures taken or contemplated to ensure that the principle of equal remuneration is applied to all components of remuneration in accordance with Article 1(a) of the Convention.

6. The Committee notes that, according to the inspection report for 1988, 241 cases of violation of the wage-fixing standards were detected. It asks the Government to state what action has been taken on these cases of violation and to continue to provide information on the activities of the labour inspectorate with regard to equal remuneration.