Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Article 1 of the Convention. Legislative protection. The Committee notes that the draft Labour Code, which provides for the principle of equal remuneration between men and women for work of equal value, is still being revised. It hopes that the draft Code will be adopted soon.

2. Payment of social security and employment paid benefits. With reference to its previous comments, the Committee notes the information provided by the National Fund for Social Security that under the national legislation it would be difficult to consider the possibility of allowing both spouses to choose which of them would be the beneficiary of family allowances, as both the legislator and jurisprudence (Cassation Court Decision No. 6/2000) still consider the father as having the legal responsibility for the children; it should therefore be the father who is the primary beneficiary of family allowances. The Committee recalls that social security legislation is often based on a model of society in which the man is the head of the family and the woman benefits from protection derived only from her husband’s entitlements. However, social security should guarantee men and women equal protection and rights (see General Survey of 1981 on workers with family responsibilities, paragraph 129). Moreover, providing for equal rights of women and men in civil and family matters creates an environment which should be conducive to more rapid progress towards equal opportunity and equal treatment for men and women in employment. The Government is requested to provide information, in its next report, on whether any consideration is being given to amending its national legislation so as to ensure equal status between men and women within the family and society, and in the payment of employment paid benefits and family allowances.

3. Article 2. Application of the principle in the public service. The Committee thanks the Government for the statistical tables showing the distribution of men and women, among others, in categories 1-5 of the public service. The tables show that women represent only 29 per cent of the civil service employees in these categories and that women are underrepresented in the highest job categories and decision-making posts (with only 6 per cent in category 1 and 18 per cent in category 2). The Committee recalls that occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities is one of the causes of pay differentials between men and women. It asks the Government to provide information on the measures taken or envisaged to address occupational segregation of women in the public service and to promote their access to better paid higher status jobs and managerial positions, including the results achieved. Please continue to provide statistical information on the distribution of men and women and their corresponding remuneration levels in the public service.

4. With respect to the application of the principle of equal remuneration for work of equal value to agricultural and domestic workers, the Committee notes the Government’s statement that it will take into account the Committee’s previous comments in formulating the legislation covering these workers. It also notes that a copy of the texts will be sent upon their promulgation. The Committee reiterates its request to the Government to provide whatever information is available on the measures taken to ensure the application of the principle of the Convention to domestic and agricultural workers.

5. Article 3. Objective job evaluation. With reference to its previous comments, the Committee notes that the study concerning job evaluation in the public service has still not been completed. The Committee encourages the Government to make every effort to complete the exercise soon and to provide information with its next report on the results achieved. As for the measures taken to promote an objective appraisal of jobs in the private sector, the Committee is pleased to note that the Government has approached the Office to provide technical assistance on this matter and has engaged in discussions to formulate practical measures for the private sector. The Committee hopes that the Government will be in a position to provide information on the results achieved through this assistance in its next report. In the meantime, the Committee asks the Government to provide information on the collective agreements and regulations fixing wages in the private sectors and any other information on the remuneration levels of men and women in the various occupations and branches of economy in the private sector.

6. Part III of the report form. Labour inspection services. The Committee welcomes the Government’s statement that it has started discussions with the ILO Regional Office for the Arab States to incorporate assistance to train the labour inspectorate and build its capacity to enforce the application of the principle of equal remuneration for men and women for work of equal value in the overall technical assistance programme for the country. In the meantime, it asks the Government to provide information on the action taken or envisaged to improve and ensure the application of the Convention. Please also supply information on any complaints filed with judicial bodies concerning pay inequalities between men and women.