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

1. The Committee notes the very brief report of the Government indicating that the labour law review has not yet been completed and that the copies of any new laws would be supplied as soon as adopted. The Committee also notes that the Bill to implement the United Nations Convention on the Elimination of All Forms of Discrimination against Women was still before the National Assembly. Recalling its previous comments to the effect that the narrow wording of the equal pay principle contained in article 17(3)(e) of the Constitution does not in itself ensure the application of the principle of equal remuneration for men and women workers for work of equal value as set out in the Convention, the Committee hopes that the Government will make every effort to ensure in the context of these legislative initiatives that national legislation gives full legal expression to the provisions of the Convention. Further, the Committee asks the Government to provide full information in reply to the following parts of its previous direct request:

2. The Committee notes from the Government’s report under Convention No. 26 that a tripartite ad hoc committee on the national minimum wage was set up in 2000, resulting in the National Minimum Wage Act of 1981 being amended in June 2000. Recalling in this respect that the minimum wage is in itself a significant means of ensuring the application of the Convention, the Committee is bound to reiterate the concern that is expressed in previous comments that the National Minimum Wage Act excludes a large section of the workforce from its scope, namely workers in establishments employing fewer than 50 persons, part-time workers, workers paid on commission or on a piece-rate basis, seasonal workers in agriculture, workers in merchant shipping and civil aviation. The Committee therefore asks the Government to provide information with its next report on the measures taken or envisaged to ensure the application of the Convention to low-paid workers who are not covered by the National Minimum Wage Act.

3. The Committee notes the Government’s statement that it is planning to reconstitute the board of the tripartite National Salaries, Incomes and Wages Commission, which was dissolved in 1994. It notes that in 2000 the abovementioned Commission launched a national remuneration survey of the private and federal sectors, but that due to technical and financial constraints it has not been able to complete the survey. The Committee notes the Government’s request for the technical assistance of the ILO to help complete the national remuneration survey of the private and federal sectors and hopes that it will be possible to provide such assistance in the near future. It also hopes that any review of remuneration structures in the private and federal sectors will incorporate a gender analysis and will take account of the requirements of the Convention, and that the results of the survey will be supplied to the Office.

4. The Committee notes the Government’s statement that in 1998 the Public Service Review Commission (the UDORJI Commission) instigated a process of updating the job evaluation and grading survey of 1974. It notes that, due to technical and financial constraints, the UDORJI Commission has not been able to complete the process of updating the job evaluation and grading survey. The Committee also notes the Government’s request for the technical assistance of the ILO to help complete the updating process and hopes that it will be possible to provide such assistance in the near future and that the updated job evaluation and grading survey will be based on analytical job evaluation methodology using objective criteria, such as responsibility, skill, effort and working environment, and that every effort will be made to remove gender bias in the process. Please supply information on any developments of the job evaluation grading process.

5. The Committee notes the statistical information, disaggregated by sex, published by the Ministry of Employment Labour and Productivity in the Annual sample survey on employment, wages, earnings and hours of work of 2000 and 2001, copies of which were provided by the Government. The Committee notes that the wage gap between men and women workers persists and that the labour market is still very segregated. In this respect, the Committee notes the publication in 2000 by the Federal Ministry of Women’s Affairs and Youth Development of the National policy on women, a copy of which was provided by the Government. It notes that women are only employed in low numbers in the formal economy, as a result of the social discrimination in education and training, and the gender-based division of labour being reflected in that sector. The Committee notes that the Government’s objective is to promote equality of treatment between men and women in wages and salaried employment, with particular reference to the private sector, and to encourage equal access to education and skill acquisition programmes for women in order to increase the demand for their labour at all levels, particularly at the managerial and executive levels. The Committee asks the Government to continue to provide information with its next report on the promotional measures taken or envisaged to reduce the wage gap and sex segregation of the labour market. It also asks the Government to continue to provide statistical information disaggregated by sex with its next report. Noting the Government’s request for the technical assistance of the ILO to produce a statistical survey on employment, wages, earnings and hours of work, the Committee hopes it will be possible to provide such assistance in the near future.

6. The Committee reiterates its previous request for more detailed information on the activities carried out by a number of bodies established by the Wages Boards and Industrial Councils Act, 1990, namely, the National Wages Board; the Area Minimum Wage Committees for the federal States; and the Joint Industrial Councils for specific industries, which negotiate agreements on wages, among other matters. Please also provide information on the activities carried out by the National Committee of Women and Children. The Committee hopes that the Government will provide detailed information with its next report on the activities carried out by the above bodies as they relate to promoting the principle of equal remuneration for men and women workers for work of equal value.