Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Articles 1 and 2 of the Convention. Legislative protection. Definition of wages. The Committee notes the adoption of the new Labour Code No. 12 of 2003. It notes with interest the fact that the new Code includes a comprehensive definition of wages in section 1 in compliance with the Convention, including both direct and indirect payments of cash or in-kind, bonuses and allowances.

2. Legislative protection. Work of equal value. In its previous comments the Committee had expressed the hope that the new Code would clearly set out the principle of equal remuneration between men and women for work of equal value. It had also hoped that the new law would allow for comparison of pay on as wide a basis as possible to avoid the undervaluation of pay levels in female dominated industries where remuneration levels tend to be low. While observing with some concern that the new Labour Code does not require application of this principle, the Committee notes however that section 35 (prohibiting discrimination in wages on the basis of sex) and section 88 (prohibiting discrimination against women "once their work conditions are analogous") together provide for partial application of the principle. The Committee asks the Government to indicate how effect is given to these sections to enable the Committee to assess the application of the Convention in practice. In particular it trusts that the wording "work conditions that are analogous" be interpreted to ensure that equal remuneration is paid both for the same work and for work which, though different, is of equal value (see General Survey on equal remuneration, 1986, paragraph 45).

3. Articles 2 and 3. National Council of Wages. The Government has reported that the task of comparing wages will be entrusted to the National Council of Wages. It further indicates that the formulation of the decree establishing the Council will take into account the Committee’s concern to ensure that the criteria for the appraisal of jobs which are in practice performed by women do not undervalue the skills required in those jobs. The Committee notes that section 34 of the Labour Act provides for the establishment of the National Council of Wages which will "be concerned with setting the minimum wages at the national level, subject to the cost of living, and by providing the methods and measures guaranteeing the realization of balance between wages and prices". No reference is made in the Labour Act to the Council’s function in relation to the application of the principle of equal remuneration for work of equal value. The other powers of the Council, however, are to be set out in a prime ministerial decree that, it is reported, is not yet promulgated. The Committee requests a copy of the decree on the establishment of the National Council of Wages, which it hopes will be adequately empowered to address these concerns and to apply the Convention in its work. It also requests information on the criteria and methodology used to determine "analogous work conditions", referred to in section 88 of the Labour Act.

4. Part II of the report form. Labour force participation and wage levels. The Committee notes from ILO statistics for 1998-2000 that the average weekly earnings of women in sectors previously noted by the Committee as being dominated by women, including agriculture, manufacturing and wholesale and retail, are still quite low. Further, women working in the real estate and renting sector, showing the highest earnings of all sectors, earn 30 per cent  less than men. It also notes the concern of the United Nations Committee on the Elimination of Discrimination against Women (A/56/38 Supp.) as to the low level of representation of women in decision-making at all levels and in all areas, and notes the request of that Committee for the Government to implement special temporary measures to increase the representation of women at decision-making levels. The Committee would welcome information on measures taken by the Government in this regard. The Committee reiterates its request for statistical data on labour force participation and wage levels of men and women in the public and private sectors together with information on the measures taken to identify the causes of and to reduce the income pay gap.

5. Part V of report form. Promotion of women’s employment. The Committee recalls the recommendations issued by the Conference on Women Workers and Social Challenges attached to the Government’s previous report. Among the recommendations are a number of suggested measures to promote the employment situation of women, including the provision of necessary services to working women, especially those services relating to nurseries, childcare facilities and family planning; the implementation of training programmes aimed at raising women’s capacity and efficiency in order to increase the job opportunities available to them and promoting the membership of working women in trade unions. Noting the link between these measures and the status and pay of women in employment, the Committee asks the Government to indicate the action taken or envisaged, on the basis of the abovementioned Conference recommendations, to promote the application of the Convention.