Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes the information provided by the Government in its report.

While noting the assurance given in the report as to the Government's efforts to improve conditions of work and to ensure respect for the equal remuneration principle, the Committee observes that no information has been provided which would enable it to make any assessment of the degree to which the provisions of the Convention are being implemented in practice. Indeed, the Committee is bound to recall that, over the course of a number of years, its requests for specific information of this kind have not elicited any response. As the Committee noted in paragraph 253 of its 1986 General Survey on Equal Remuneration, it is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to the Convention, without further details being provided; efforts to apply the Convention will necessarily unearth difficulties. In these circumstances, the Committee once again hopes that the Government will provide full information in its next report on the following matters:

1. In previous comments, the Committee had noted that under section 4(d) of the Individual Labour Relations Act, 1981, certain categories of agricultural workers (most of whom were, according to the Government, seasonal workers), were exempted from the provisions of the Act (which provides, in section 12(3), that the wage of a production worker for the "minimum amount of daily work" shall be calculated at a rate equivalent to that received by any other agricultural labourer carrying on a similar work). In respect of this matter, the Government stated that the application of the equal remuneration principle might turn out to be prejudicial to seasonal workers because their salaries are generally higher than those of agricultural workers in permanent employment. On a later occasion, the Government reported the establishment of a committee of senior officials of the public administration to determine wage and prices policies, which was also to deal with all of the problems affecting the application of the Convention. While the present report refers to the role of the high-level committee to review salaries in light of changes in the cost of living, no reference is made to any action taken by this committee to further the implementation of the Convention.

The Committee hopes that the Government will indicate in its next report the measures taken or contemplated to ensure that all agricultural workers and particularly seasonal workers - who are often women - are afforded the right to equal pay for work of equal value, as guaranteed under the Convention.

2. Having noted in its previous comment that a new draft of the Minimum Wages Act, 1974, was awaiting promulgation by the Council of Ministers, the Committee expressed the hope that this text would include a provision ensuring the application of the principle of the Convention to all remuneration. In its present report, the Government indicates that several revisions made to this legislation awarded increases to all wage levels above the basic wage, in such a way as to cover all wage-earners. In the absence of further information (concerning the salary levels as increased and the relative distribution of men and women paid at each level), the Committee is unable to ascertain whether this measure furthers the application of the Convention. Moreover, it appears that no action was taken on this occasion to give legislative expression to the principle of the Convention.

As there is therefore no constitutional or legislative provision in force that embodies the principle of equal remuneration for men and women workers for work of equal value, the Committee urges the Government once again to take the necessary measures to enact or amend the necessary legislation accordingly.

3. In its previous direct request, the Committee referred to the provisions of a collective agreement valid for the Shell Company for the period 1984-87, which entitled employees to special leave on the "death of wife, children, parents, brothers and sisters" (clause 14(b)). While noting the Government's statement that the term "employee" covers women as well as men, the Committee hopes that the Government will be able to indicate that it has taken measures to bring to the attention of the social partners the need to introduce gender-neutral provisions into their agreements. The Committee again requests the Government to provide copies of current collective agreements covering sectors in which large numbers of women are employed.