Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

1. In its previous comments, the Committee noted that the principle of equal remuneration, as laid down by section 140 of the Labour Code of 1994, is narrower than that established in the Convention, and asked the Government to provide information on the measures taken to ensure that equal remuneration is paid without discrimination on the basis of the sex of the worker where the work is different or carried out in differing conditions, but is of equal value. The Committee notes the Government's statement that equal remuneration for the same work or work of equal value is acquired as a right. Furthermore, the Government indicates that there is a common core of collective agreements (which does not have force of law) which, in clauses 16 and 17, classifies workers in terms of post definition, occupation and grade within the category. These professional classifications, which define jobs in terms of the tasks they involve, are as a rule appended to every sectoral collective agreement. The Committee asks the Government to provide information in its next report on the measures taken or envisaged to apply the principle of equal remuneration for work of equal value in the public service, including information on any job appraisal system used and on the wage scales applied.

2. With regard to the practical application of section 140, the Committee notes that, according to the Government, enforcement of the principle of equal remuneration is entrusted to labour inspectors and supervisors for the private sector and to various bodies including the Public Service Advisory Committee and the Administrative Court for the public sector. The Committee therefore once again asks the Government to provide details of inspections (violations noted, sanctions applied, etc.) and on any court cases concerning equal pay claims in both the public and private sectors.

3. The Committee notes the interpretation supplied by the Government of the expression "basic wage" used in section 140 of the Labour Code. In the light of the Government's explanations, it would seem that, in practice, equal remuneration is not confined to the basic wage since, according to the Government, both the basic wage and all the other emoluments the worker receives from the employer in return for his work are granted without discrimination based on sex; and in both private and public sectors, the differences in remuneration arise from factors such as seniority, level of responsibility, etc. The Committee expresses the hope that, in accordance with the broad definition of the term "remuneration" given in Article 1(a) of the Convention and enlarged on in paragraphs 14 to 16 of the General Survey on equal remuneration of 1986, the Government will specify, through appropriate legislation, that all emoluments paid directly or indirectly, in cash or in kind, by the employer to the worker in return for the latter's work, must be granted in conformity with the principle of equal remuneration.