Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the information contained in the Government's report.

1. The Committee reiterates its comments concerning the Labour Code which, under section 301 (in conjunction with section 7), requires equal working conditions, occupational qualifications and output for the purposes of applying the principle of equal remuneration without discrimination on grounds, inter alia, of sex. The Committee had noted that the application of section 301 appears to be more limited than that of the Convention, under the terms of which men and women workers should receive equal remuneration for work of equal value. The Committee notes the Government's statement to the effect that the Committee's comments shall be taken into consideration at the time the definitive version of the Labour Code Bill, which is being examined by the Prime Minister's office, is drawn up. The Committee reiterates the hope that the new Labour Code will guarantee equal remuneration for men and women workers in all cases, including equal remuneration for work performed which is different but of equal value, and again requests the Government to keep it informed of any progress made in the adoption of the new Labour Code.

2. The Committee notes the Government's statement to the effect that the national legislation in force does not provide for an objective system of evaluation and that the Government had not considered it necessary to adopt such measures since the competent authorities have not received any request in respect of the manner in which the principle of equal remuneration for work of equal value is applied in practice or of the measures taken in this regard. Moreover, the Government emphasizes that, in the absence of specific comments concerning the types of possible abuse in this area, it is difficult to define the practical criteria to be applied when appraising jobs on the basis of the work to be performed. The Committee wishes to draw the Government's attention to the need to employ a methodology which would enable the objective and analytical appraisal and comparison of the relative values of the work performed. The concept of work of equal value logically implies a comparison of tasks and the adoption of a technique and appropriate procedures to ensure an evaluation without discrimination based on sex. The Government may wish to refer to paragraphs 52 to 65 and paragraphs 138 to 152 of the General Survey of 1986 on equal remuneration in this respect. The Committee also notes that the Government envisages applying the principle of equal remuneration on the basis of job appraisals, and notes the measures to be adopted by the Government, including the organization of a seminar in this regard with the cooperation of the ILO. The Committee requests the Government to inform it of any progress in this respect.

3. In response to the question raised in its previous comment concerning the high number of female employees in certain jobs in the public administration, the Government states that all categories are legally open to candidates of both sexes without any discrimination whatsoever. The Government also states that, in the public service, additional emoluments to which public servants are entitled over and above their basic salary are determined for each occupational category without any discrimination whatsoever. However, it is necessary to ensure that the principle of equal remuneration is also guaranteed in practice. The statistical data appended to the report, detailing the number of female employees and the overall number of employees within each occupational category to 31 December 1995, indicate that inequality in a large number of occupational categories continues to exist. The Committee notes that the Government does not provide a specific response to the Committee's previous observation in which the Committee requested the Government to indicate the measures taken or envisaged to increase the number of women in supervisory and managerial positions in the public service, taking into consideration the fact that the number of women in these positions, although increasing, remains relatively low. Consequently, the Committee again requests the Government to continue its efforts to implement specific measures to encourage the recruitment of women into all categories of the public service, and to provide information in this respect as well as statistical data to enable an assessment of the results obtained.

4. Private sector. The Committee hopes that the results of the survey on wages and working hours, together with the statistical data requested in respect of average earnings for men and women by occupation, branch of activity, seniority and skills levels, and the corresponding percentage of women employed at the different levels are transmitted as soon as they become available, as indicated by the Government in its report.

5. Finally, the Committee notes that the Government's report does not respond to the comments made in the Committee's previous direct request and hopes that the Government will make every effort to provide the information requested in its next report.

A request regarding certain points is being addressed directly to the Government.