Solicitud directa (CEACR) - Adopción: 1995, Publicación: 83ª reunión CIT (1996)

The Committee takes note of the information contained in the Government's report on the activities of the labour inspectorate regarding the supervision of the principle of the Convention.

1. In its previous comments, the Committee had asked the Government to inform it of the adoption of the new Labour Code which, according to the Government, was the subject of tripartite discussions as to whether it should include the principle of the Convention. The Committee notes the Government's statement in its current report that the new Code (Act No. 3 of 21 November 1994) clearly sets out the principle of equal wages, irrespective of, inter alia, sex, for work of equal qualifications, output and done in equal conditions. The Committee notes that section 140 of the Code does embody this principle, which, however, is narrower than that contained in the Convention, namely equal remuneration for work "of equal value". The Committee accordingly asks the Government to supply information in its next report on what measures have been taken to ensure that equal remuneration is paid without discrimination on the basis of the sex of the worker in instances where the work being done is different, or is carried out in differing conditions, but is of equal value. The Committee draws the Government's attention to paragraphs 45 to 50 of its 1986 General Survey on equal remuneration where it discusses the different concepts of "equal work" and "work of equal value", and recalls that the Office's technical assistance is available if the Government wishes to call on it.

2. The Committee asks the Government to inform it of the application of section 140 of the new Code in practice, including details of labour inspections of relevance to the equal remuneration principle (infractions discovered; cases reported; sanctions applied) and any court cases involving equal remuneration claims.

3. The Committee would also appreciate receiving information on the interpretation of the phrase in section 140 "basic wage" ("salaire de base"). Please clarify whether this amounts to the definition of remuneration set out in Article 1(a) of the Convention, namely the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable, directly or indirectly, by the employer to the worker in relation to the worker's employment.