Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Legislative framework. The Committee notes its previous comments regarding the scope of section 38 of the Labour Code, which it considered to be narrower than the principle set out in the Convention, since it appears to limit the right to equal wages for work of equal value to the same workplace and to work performed under the same conditions. The Committee notes the Government’s indication that the reference to “workplace” in the Labour Code includes all sections and different parts of an establishment. The Government does not address the issue of the requirement under the Labour Code that work must be performed under the same conditions. The Committee recalls in this regard that equal remuneration for men and women for work of equal value should be ensured even if the work is undertaken in entirely different conditions. The Committee notes its 2006 general observation stressing the importance of a broad scope of comparison in determining “work of equal value” in order to address occupational segregation, where men and women often perform different jobs, under different conditions, and even in different establishments. The Committee had noted that the application of the Convention allows for broad comparison between jobs performed in different places or enterprises, or between different employers. Noting that the Labour Code is currently under review, the Committee urges the Government to ensure that amendments will be made to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, without limiting the application of the principle to work performed under the same conditions and in the same establishment.

National plan. The Committee notes the general information provided by the Government regarding the 2005 national action plan for decent work, which was adopted by the National Tripartite Consultative Committee. The Committee asks the Government to provide more detailed information on the manner in which the principle of the Convention has been incorporated in the national action plan for decent work, and any impact that the implementation of the national action plan has had in practice with respect to the remuneration of women and men. The Committee also asks the Government to clarify whether the 2005 national action plan for decent work was adopted pursuant to the Fourth Economic, Social and Cultural Development Plan (2005–09), and if a new development plan has been adopted for the period from 2009. Please also provide a copy of the national plan adopted pursuant to article 101 of the Development Plan.

Collective agreements. The Committee notes the Government’s indication that the 2001 National Collective Agreement is no longer in force. The Committee asks the Government to continue to provide information on any collective agreements addressing the principle of equal remuneration for men and women for work of equal value, and any measures taken to promote the inclusion of the principle in collective agreements.

Discriminatory wage scales. Regarding the discriminatory wages between male and female teachers, the Committee notes the Government’s reply that, due to the adoption of the Public Service Law, 2007, a uniform payment system has been in effect since April 2009. The Government indicates that, according to section 64 of the uniform payment system, the payment of salaries of public servants is to be based on an evaluation of factors related to the job and to the employee, as well as other elements of equal value, and includes qualifications and experience. The Committee asks the Government to indicate how under the uniform payment system it has been ensured that posts in the public service predominantly held by women have not been undervalued compared with those predominantly held by men. Please also provide a copy of the Public Service Law and the uniform payment system, as these were not annexed to the Government’s report.

Job evaluation. With respect to the job evaluation and classification system referred to in sections 48 and 49 of the Labour Code, the Committee notes the Government’s indication that the majority of workers will be covered by the draft job classification system, which is being prepared with the cooperation of the Job Classification Committee, representatives of workers and employers, and job classification professionals, and which will ensure equal remuneration for work of equal value. The Committee asks the Government to provide further information on the methods used in the job classification process, including with respect to job evaluation methods which seem to be required under section 48 of the Labour Code, to ensure the criteria used are free from gender bias, and that jobs predominantly performed by women are not undervalued in relation to those undertaken by men

Enforcement. Regarding measures to improve the capacity of labour inspectors, the Committee notes the Government’s indication that the Labour Inspection Department has improved its general system of labour inspection, including adopting check lists of new tasks for labour inspectors, and regarding workplace evaluations and verifying the application of the job classification system. The Government also refers to training provided to workers to inform them of their rights and benefits under the Labour Code, including to equal remuneration for work of equal value. The Ministry of Labour and Social Affairs has also been responding to questions from workers regarding the issue of equal remuneration, consultation processes and dispute resolution procedures, through publications, television and the website, as well as in person. Welcoming the initiatives of the Government to improve the labour inspection system and provide information to workers regarding equal remuneration, the Committee requests updated information on the number and nature of violations of the principle of equal remuneration reported to or detected by the labour inspectors, including any remedies provided and sanctions imposed. Please also provide information on any judicial or administrative decisions addressing equal remuneration for work of equal value. The Committee also notes that the information referred to by the Government regarding the improvements in the labour inspection system were not annexed to its report, and asks that copies be provided.

Statistics and the wage gap. The Committee notes that the Government again provides no wage statistics. The Committee must again emphasize that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing remuneration gap between men and women. The Committee, therefore, again urges the Government to provide the fullest possible statistical information, disaggregated by sex, on the distribution of men and women in the various occupations in the public and private sectors and their corresponding earnings. Please also indicate any steps taken to undertake studies into the underlying causes of the wage gap and any steps taken to reduce the gap.