Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 2 of the Convention. Determination of wages. Collective agreement. The Committee notes that under clause 35 of the general collective labour agreement of 13 February 1973, a copy of which was attached to the Government’s report, workers are classified into a number of categories and scales with a view to the determination of wages. In particular, the Committee notes that the classification into categories is determined on the basis of the work performed by workers in their employment. Nevertheless, the Committee notes that clause 37 of the collective agreement confines the application of the principle of equal remuneration to equal work. The Convention also requires that comparisons are made between work of a completely different nature performed by men and women so as to verify whether such work is nevertheless of equal value and must therefore be remunerated equally. In this respect, the Committee wishes to emphasize the importance of carrying out such a comparison, as traditional conceptions of the role of women in society have contributed to the confinement of women into certain occupations which are often undervalued in relation to the occupations exercised by men in terms of determining the respective remuneration rates. The Committee asks the Government to take appropriate measures to improve understanding among the social partners of the principle established by the Convention so that they can ensure that the principle is fully reflected in collective agreements. Please also provide information on the measures adopted for this purpose and on their impact on the promotion of compliance with the principle of equal remuneration for work of equal value in the context of bargaining and the implementation of collective agreements.

Article 3. Objective job evaluation. With regard to clause 36 of the general collective labour agreement, which provides for means of evaluating and objectively comparing the respective value of jobs, the Committee notes the appeals procedure to the Classification Commission, which is regulated by this clause and allows workers to challenge the classification of their jobs. The Committee also recalls that clause 35 envisages the classification into categories on the basis of the work that is performed by workers. However, the Committee notes that no reference is made to the criteria used to make this classification. The Committee asks the Government to provide information on the criteria used in practice to classify jobs into the various wage categories on the basis of the work involved. The Committee also asks the Government to indicate the measures adopted to ensure that these criteria are not discriminatory. Furthermore, the Committee encourages the Government to provide information on the issues relating to job classification that are brought to the attention of the Classification Commission and the decisions handed down.

Parts III to V of the report form. With regard to the methods used by the labour inspectorate to monitor the application of the principle established by the Convention, the Committee notes that no information has been provided in reply to its last direct request. The Committee once again asks the Government to indicate the methods used by the labour inspectorate to determine whether the principle of equal remuneration is respected in workplaces. The Committee also hopes that the Government will be in a position to provide information in its next report on any violations reported by the labour inspection services, the solutions adopted and the penalties imposed, as well as on any judicial or administrative decisions handed down in relation to the application of the Convention.