Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Repetition

Articles 1 and 2 of the Convention. Work of equal value. Legislation. Since 2003, the Committee has been noting that section 67(1) of the Labour Code No. 5 of 1995 is more restrictive than the principle set out in the Convention. The Committee notes that, in its report, the Government indicates that it has adopted a new draft Labour Code in 2013 but that it has not yet been submitted to the House of Representatives. The Committee further notes from the Government’s report that the draft Labour Code provides for equality between men and women with respect to wages but fails to capture the concept of “work of equal value”, which is fundamental to eliminate pay discrimination. The Committee requests the Government to ensure that the draft Labour Code gives full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee requests the Government to provide information on the status of the draft Labour Code and to provide a copy once it is adopted.

Assessment of the gender wage gap. Minimum wage. The Committee recalls that the Jobs, Wages and Salaries Act No. 43 of 18 June 2005 fixes the minimum wage for all employees working in the administrative bodies of the State and the public sector, and that section 55 of the Labour Code provides for the setting of a minimum wage in the private sector which is the same as that paid by the state administration. It further recalls that women tend to predominate in low-wage employment, and that a uniform national minimum wage system helps to raise the earnings of the lowest paid, which has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see General Survey on the fundamental Conventions, 2012, paragraphs 682–685). Noting that the Government did not provide any statistical information relating to the number of workers earning the minimum wage, the Committee once again requests the Government to provide any available information on the number of workers, disaggregated by sex, who are earning the minimum wage. The Committee also requests the Government to provide information on the gender pay gap, including any available statistical information on men and women’s earnings, and on any measures taken to address this gap, in particular activities undertaken to increase the income levels of rural women and to improve women’s educational levels.

Monitoring and enforcement. The Committee once again requests the Government to provide information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as any administrative or judicial decisions handed down in this respect.