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

Repetition

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments the Committee drew the Government’s attention to the fact that section 259(4) of Act No. 133/AN/05/5èmeL issuing the Labour Code, which states that collective agreements cannot modify the provisions of the Code concerning modalities for application of the principle of “equal pay for equal work” regardless of the origin, sex or age of the worker, is not in conformity with the principle established by the Convention. The Committee notes the Government’s indication that a drafting error occurred and that it would take the necessary steps to amend this section and align it with section 137 of the Labour Code stipulating equal pay for work of equal value for all workers, regardless of origin, sex, age, status or religious denomination. The Committee notes that the bill partially amending Act No. 133/AN/05/5èmeL issuing the Labour Code was submitted to the National Council for Labour, Employment and Social Security (CONTESS). The Committee requests the Government to provide information on the progress of the legislative procedure and trusts that the amendments will bring section 259(4) into line with the Convention and section 137.

Minimum wages. The Committee notes the Government’s indication that the inter-occupational agreements fixing minimum wages are being renegotiated, that they were submitted to CONTESS in December 2012, and that they must take account of the minimum wage of 35,000 Djiboutian francs (DJF) in their various pay scales. It also notes that, according to the Government’s report, the minimum wage for civil servants was increased to DJF35,000 under the new collective agreement signed on 26 December 2012. Recalling that the fixing of minimum wage rates can contribute significantly to the application of the principle of equal remuneration, the Committee requests the Government to indicate how it ensures that, in practice, when fixing minimum wage rates in sectors or occupations where women predominate, work is not undervalued. It requests the Government to clarify whether specific methods are applied to ensure an objective evaluation of different jobs and to establish pay scales. The Government is also requested to provide information on the steps taken to promote the principle of equal remuneration for men and women for work of equal value, as established by the Convention and by section 137 of the Labour Code, among workers, employers and their organizations, and to send a copy of the wage clauses in the inter occupational agreements which are being renegotiated.

Application of the principle of equal remuneration for work of equal value. Public service. The Committee notes the Government’s indication that civil service pay is determined by specific salary scales for civil servants, regardless of sex, on the basis of factors such as profile, training, qualifications and seniority. The Committee reminds the Government, however, that, despite the existence of salary scales applicable to all civil servants, regardless of sex, indirect discrimination can occur in the public service. Pay discrimination may result from inequalities in the payment of certain additional pay benefits (job-related allowances in cash or in kind) or from inequalities in access to certain benefits. It may also stem from factors used to classify posts and establish pay scales, particularly from the undervaluation of certain tasks. Where these tasks are predominantly performed by women, undervaluation thereof causes undervaluation of the posts in question and consequent pay inequalities to the detriment of women. The principle of equal remuneration for men and women for work of equal value requires that the factors chosen for comparing tasks largely performed by men with tasks largely performed by women are objective and free from gender bias. The Committee requests the Government to indicate the manner in which it ensures that the principle of equal remuneration for men and women for work of equal value is applied effectively. It encourages the Government to consider adopting measures to ensure that post classifications and pay scales are free from gender bias and that posts largely occupied by women are not undervalued.

Enforcement. Labour inspection. The Committee requests the Government to provide information on the manner in which labour inspectors enforce labour legislation relating to gender pay equality, including the number of cases of pay discrimination dealt with, and on any preventive or advisory activity carried out by the labour inspectorate in this field.

Statistics. The Committee requests the Government to take the necessary steps to ensure that data, disaggregated by sex, relating to the situation of men and women in the labour market and their respective remuneration in the public and private sectors are collected and analysed. It requests the Government to forward these data as soon as they are available.