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

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments the Committee emphasized that the Labour Code, 2004, did not clearly reflect the principle of the Convention even though it explicitly established the principle of equal remuneration for men and women for work of equal value, since it also provided for equal wages for workers regardless of their sex “given equal conditions of work, vocational qualifications and output” (section 175). This led the Committee to recall the importance of ensuring that the principle of equal remuneration for work of equal value also applies to situations in which men and women work under different conditions or, have different qualifications, and nevertheless perform work of equal value. In its previous observation the Committee had noted that the
Labour Code was being revised. The Committee notes the adoption of Act
No. 028-2008/AN of 13 May 2008 issuing the Labour Code, section 182 of which  retains the same provisions as the former Labour Code with regard to equal remuneration for men and women. It therefore notes with regret that the Government has not taken the opportunity afforded by the elaboration of a new the Labour Code to bring these provisions fully into conformity with the principle of the Convention.

The Committee wishes to draw the Government’s attention to the fact that experience has shown that the requirement of “equal conditions of work, skill and output” can provide a pretext for paying women lower wages than men (General Survey of 1986 on equal remuneration, paragraph 54) and that the emphasis should rather be placed on the nature and value of work, which necessitates a comparison of tasks on the basis of objective and non-discriminatory criteria. Referring to its general observation of 2006, in which it spells out the meaning of the concept of “work of equal value”, the Committee emphasizes that it is essential to compare the value of the work done in different occupations, which may involve different qualifications and skills, responsibilities or working conditions but which are nevertheless of equal value. The Committee considers that the coexistence in the  Labour Code of 2008, of provisions on the one hand establishing equal remuneration for all workers irrespective of their sex “given equal conditions of work, vocational qualifications and output” and provisions on the other hand stating that “the determination of wages and the fixing of rates of pay must respect the principle of equal remuneration for men and women workers for work of equal value” may lead to confusion or conflict in the application of the principle of the Convention in practice, in view of the different criteria adopted. The Committee therefore requests the Government to take the necessary steps to bring section 182 of the Labour Code of 2008, into full conformity with the principle of equal remuneration for men and women for work of equal value established by the Convention and to supply information on any measures taken in this regard.

The Committee is raising other points in a request addressed directly to the Government.