Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Work of equal value. For a number of years the Committee has been drawing the Government’s attention to the need to amend sections 80(1) and 56(7) of the Labour Code, which limit the application of the principle of equal remuneration to equal working conditions, qualifications and output (section 80(1)) or equal work (section 56(7)). It recalls that the concept of “work of equal value” involves not only “equal”, the “same” or “similar” work but also encompasses the performance by men and women of different jobs which involve different working conditions and different qualifications and output but are nevertheless jobs of equal value (General Survey on fundamental Conventions, 2012, paragraphs 673, 677 and 679). The Committee notes the Government’s indication that, in order to prevent and combat any discrimination with regard to remuneration, the amendment of sections 80(1) and 56 of the Labour Code is foreseen so that the concept of work of equal value is given sufficient force. The Committee asks the Government to take the necessary steps as soon as possible to amend sections 80(1) and 56 of the Labour Code so as to fully reflect the principle of equal remuneration for men and women for work of equal value, as established by the Convention, and to supply information on the progress made in this respect.

Application of the principle in the public sector. The Committee notes the adoption of Act No. 21-2010 of 30 December 2010, amending and completing certain provisions of Act No. 021-89 of 14 November 1989 establishing the general civil service regulations, and also the adoption of Decree No. 2010-819 of 31 December 2010 establishing the pay scales for civil servants and other state employees. It also notes the Government’s indication that the State, as the employer, adopted Decree No. 2012-11 of 7 January 2012 amending and completing Decree No. 2010-819. The Government indicates in its report that the pay scale for civil servants is drawn up by the Government with the participation of the most representative workers’ trade union federations. As regards the criteria applied when reviewing pay, the Government indicates that account is taken of the cost of living and also of the Government’s financial capacity to pay salaries. It adds that the applicable pay scale makes no distinction with regard to sex and that there is no gender pay gap both in the decrees applicable to the public sector and in private sector collective agreements. The Committee points out once again that despite the existence of pay scales applicable to all public employees, without distinction as to sex, pay discrimination can arise from the criteria applied in classifying jobs and from an undervaluation of the tasks performed largely by women, or from inequalities in certain supplementary wage benefits. The Committee asks the Government to provide information on any measures taken or envisaged with a view to promoting the formulation and use of methods for the objective evaluation of jobs in the public and private sectors. The Committee also asks the Government to indicate the measures taken to ensure that job classifications and pay scales applicable in the public sector are free from any gender bias and that jobs largely performed by women are not undervalued. Please also provide a copy of Decree No. 2012-11 of 7 January 2012 amending and completing Decree No. 2010-819 of 31 December 2010, and a copy of the record of the negotiations which took place on 5 August 2010.

Statistics. The Committee notes the Government’s statement to the effect that statistics on the distribution of men and women in the various job categories will be sent in the Government’s next report. Recalling that the collection and analysis of statistics on the earnings of men and women are a crucial means for assessing the gender pay gap and for taking appropriate measures to reduce or eliminate it, the Committee urges the Government to send this information in its next report.