Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the Government’s brief first report on the application of the Convention and the attached legislation. The Government is requested to provide with its next report further information on the following points.

1. Article 1(b) of the Convention. Section 27 ("worker’s right to remuneration") of the Act respecting employment provides that any discrimination based on a number of grounds, including sex, shall be prohibited in determining remuneration. Under section 2(3) of the Labour Code, all employees have the right to equal remuneration for similar work, without any discrimination. The Government stated in its report that every worker has the right to equal remuneration for work of equal value without discrimination. Noting that under the Constitution (article 4) and the Act on remuneration (section 6(2)) international conventions prevail in the case of conflict with national legislation, the Committee hopes that the Government will consider the possibility of reflecting the principle of equal remuneration for men and women for work of equal value more fully in the Act respecting remuneration, which was adopted after the ratification of the Convention, and of amending section 2(3) of the Labour Code to replace the notion of "similar work" with "work of equal value" in order to promote the better application of the Convention.

2. Article 2. The Committee notes that remuneration is fixed, depending on the sector, through: (a) Acts and Orders of Parliament, Decrees of the President, Government orders and instructions, and other statutory instruments on remuneration; (b) collective agreements; and (c) individual employment contracts (section 7 of the Act respecting remuneration). The Committee also notes that the Act sets out the framework for the determination of wage rates (for manual workers) and salary rates (for managerial staff, specialists and non-manual workers) through a "wage rate system" which is comprised of wage scales, basic wage rates, salary scales and wage and skills handbooks (section 9). The Committee notes that these elements of the wage-fixing machinery established by legislation provide an appropriate basis for the application of the Convention. The Government is asked to provide in its next report detailed information on the implementation in practice of the Act respecting remuneration including any implementing legislation, order or instructions envisaged or adopted, wage and salary scales in force and examples of collective agreements providing for equal remuneration for men and women for work of equal value. The Government is also asked to indicate whether the Act on remuneration applies to the civil service and for which groups and sectors the Government has decided to establish state remuneration rates. Please also provide a copy of the Act on local public administration (No. 186-XIV of 6 June 1998).

3. The Committee notes that the Ministry of Labour and Social Protection is launching a national gender promotion plan for 2002-05. Please indicate how the draft plan promotes the principles of equal remuneration for work of equal value, and continue to provide information on the plan’s adoption and implementation.

4. Article 3. According to the Act respecting remuneration (section 9(2)), the wage rate system is applied through the classification of tasks according to level of difficulty, and classifying workers by category and level of skill and the level of responsibility of the job. Section 19 of the Act provides that the main conditions governing the organization of remuneration, including wage rate requirements according to occupation, post and level of skill, the procedures of assigning rates to workers, and output quotas shall be established through collective agreements. The Government is requested to provide information on the application of these provisions in practice. Please provide copies of any wage and skills handbooks and the manner in which they are used.

5. Article 4. Please provide information on the collaboration of workers’ and employers’ organizations in the application of the Convention.

6. Part III of the report form. The Committee asks the Government to provide information on the authorities charged with ensuring the application of the Labour Code and the Act respecting remuneration and the measures taken by them to ensure and promote the application of the Convention.

7. Part V of the report form. Please provide information on the Government’s own assessment concerning the application of the Convention, including statistical information on the levels of remuneration of men and women in the various sectors and at the different levels as outlined in the Committee’s general observation on the Convention of 1998 (attached for ease of reference).