Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Public service. The Committee recalls its previous comments on Decree No. 60-S/MFP/T regulating the remuneration and benefits of government officials, which provides that, unless they are heads of household, women must file an appeal with the courts to obtain family allowances. The Committee notes the Government’s reply to the effect that section 180(2) of new Decree No. 2008‑244/PRN/MFP/T of 31 July 2008, issuing implementing regulations for Act No. 2007-26 of 23 July 2007 establishing regulations governing the civil service, rectifies this situation by providing that any female public servant on temporary leave of absence shall receive the full amount of family allowances. However, even though this new provision indicates a degree of progress with regard to the application of the Convention, the Committee considers that it does not resolve completely the unequal legal treatment of men and women in public service with regard to family allowances. The Committee emphasizes the need to ensure equal status of men and women within both the family and society and asks the Government to abolish any provision which discriminates against women in the public service. It also asks the Government to take steps to amend Decree No. 60-S/MFP/T and Act No. 2007-26 of 23 July 2007 establishing regulations governing the civil service to ensure that women receive family allowances on the same terms as men.

Minimum wages. With reference to its previous comments, the Committee notes the clarification from the Government to the effect that Decree No. 2006-58 and Decree No. 2006-59/PRN/MFP/T of 8 March 2006 were adopted with the primary aim of improving the living conditions of men and women workers through an adjustment of the guaranteed minimum inter-occupational wage (SMIG). According to the Government, the fact that certain occupations are designated by masculine or feminine terms in no way signifies the stereotyping of certain occupations as “male” or “female”. Noting the Government’s commitment in the context of the revision of Decree No. 2006-59/PRN/MFP/T establishing minimum wages for different occupational categories, to designate occupations using neutral terms, the Committee asks the Government to supply information on any progress made in this respect. It again asks the Government to supply information on the methods used to determine levels of remuneration for different occupations and to ensure that occupations predominantly held by women are not undervalued.

Collective agreements. The Committee notes the Government’s indication that the revision of the inter-occupational collective agreement of 1972, including section 38, will only take place once the revision of the Labour Code has been completed. The Committee asks the Government to supply information on any new developments in this respect and on the manner in which the principle of equal remuneration for men and women for work of equal value is applied in practice in the sectors and occupations covered by the inter-occupational collective agreement.

Statistics. The Committee again recalls the importance of collecting and sending the most comprehensive statistical information possible, disaggregated by sex, on the distribution of men and women in the public sector, the federal or state civil service and the private sector, their respective salary levels and also the various components of their income. The Committee expresses the strong hope that the Government will make every effort to collect and send statistics in accordance with the general observation of 1998. If the Government is still not in a position to supply such data, the Committee asks it to send all available information and to continue in its endeavours to collect and compile statistical information.