Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

1. The Committee notes the Government's response to its previous direct request to the effect that it has not up to now envisaged amending section 43(2) of the Constitution in order to explicitly include the concept of equal remuneration for work of equal value, since it considers that this section covers the concept of work of equal value in a more detailed and clearer manner, since the value of work is not a concept that is easy to define objectively. With reference to its general observation of 1990, and to paragraphs 44 to 76 of its 1986 General Survey on Equal Remuneration, in which it examines the concept of equality used in the Convention and gives examples of national law and practice in this regard, the Committee observes that the scope of section 43(2) of the Constitution is much more restricted than the Convention, since it provides for equal remuneration for men and women workers "for equal work performed under identical conditions for the same employer". In accordance with the Convention, equal remuneration has to apply to work of equal value, even if it is of a different nature or performed under different conditions and for different employers. The Committee therefore hopes that the Government will be able to take the necessary measures to amend the national legislation in order to provide for equal remuneration for work of equal value, in accordance with Article 1, paragraph 2, of the Convention.

2. The Committee notes that it does not have at its disposal recent information enabling it to assess how the principle of equal remuneration, as set out in national legislation, is applied in practice. It would be grateful if the Government would supply in its next report:

(i) the salary scales applicable in the public service, with information on the distribution of men and women at the various levels;

(ii) the texts of collective agreements setting wage levels in the various sectors, with information, if possible, on the percentage of women covered by these collective agreements and the distribution of men and women at the various levels; and

(iii) statistics on wage rates and average earnings for men and women, if possible by occupation, sector, seniority and skill level, as well as information on the corresponding percentage for women.

3. The Committee requests the Government to supply information on the measures that have been taken to ensure the application of legal measures concerning equal wages and, in particular, on the activities of the labour inspection services (violations reported and sanctions imposed) and on court rulings.