Solicitud directa (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

The Committee notes the information contained in the Government's report.

1. For some years, the Committee has sought to establish the means being taken to ensure the application of the Convention to certain categories of agricultural workers including, more particularly, seasonal workers. It had noted, in this regard, that seasonal agricultural workers were exempted from the provisions of the Individual Labour Relations Act, 1981, and from the Minimum Wages Provisional Order 1974; and it appears that those workers have continued to be exempted from the most recently enacted Minimum Wages Act (for which no date of adoption is provided). This last conclusion is supported by the Government's indication that the Supreme Wages Council (which is presumably charged to determine minimum wages only for those categories of workers covered by the Minimum Wages Act) does not have the competence to determine minimum wages for non-waged employment. The Committee notes that, according to the Government's report, an examination of the real wages paid to agricultural workers -- which, it is stated, also typically includes remuneration in kind, such as food and housing -- showed that their wages exceed the minimum wage provided for by the Minimum Wages Act. The Government states furthermore that Sudanese law does not distinguish between male and female workers. As these indications are not sufficient, however, to assess whether the Convention is applied to all agricultural workers, the Committee is obliged to request the Government once again to indicate whether there is any requirement -- legislative or otherwise -- to ensure that female and male seasonal agricultural workers be paid according to the principle of equal pay for work of equal value. Please also indicate what practical measures are taken to ensure that female seasonal agricultural workers receive equal pay for work of equal value with male seasonal agricultural workers.

2. In its previous comments, the Committee requested the Government to indicate how the principle of the Convention is applied to wages exceeding the minimum wage. The Committee notes from the Government's report that the effect of amendments to the minimum wage on the level of wages exceeding the minimum wage is decided in accordance with a comprehensive agreement concluded between the General Federation of Employers and the General Federation of Sudanese Workers, within the context of the Industrial Relations Act, 1981. The Committee requests the Government to furnish a copy of the most recent version of this comprehensive agreement.

3. In its previous comments, the Committee had drawn attention to the collective agreement valid for the Shell Company for the period 1984-87, which entitled employees to special leave on the death of the "wife, children, parents, brothers (and) sisters of the employee", and requested the Government to indicate the measures taken to bring to the attention of the social partners the need to introduce gender-neutral provisions into their agreements. In raising this matter, the Committee wished to impress upon the Government the desirability of ensuring that the social partners use language in collective agreements which would make it clear that a particular right or benefit (which comes within the Convention's definition of "remuneration", in Article 1(a)) is accorded equally to both female, as well as male, workers. The wording used in the Shell Company collective agreement gives the distinct impression that women do not enjoy the same right as men. Even though that particular right is covered legislatively, in gender-neutral language, by section 13(d) of the Individual Labour Relations Act, 1981, which authorizes a worker to a paid absence from work in the case of the "death of a spouse, a child, a father or mother, or a brother or sister", care should be taken to ensure that all provisions of collective agreements that grant some form of remuneration are phrased in language which makes it clear that the benefit concerned is granted equally to men and women. The Committee hopes that the Government will take measures to encourage the social partners to use language which would make it clear that women are also entitled to enjoy whatever benefit of remuneration is awarded to men in collective agreements.

4. Despite repeated requests, the Committee is unable to assess, on the basis of the information furnished by the Government, how the principle of the Convention is applied in practice. While article 17 of the suspended 1985 Provisional Constitution calls for citizens to enjoy equality of opportunity in employment without discrimination on a number of grounds, including sex, there appears to be no constitutional or legislative provision in force that embodies the principle of equal remuneration for women and men for work of equal value. Moreover, no statistical data has been furnished by the Government which would enable the Committee to assess the extent to which the Convention is being applied. Accordingly, the Committee requests the Government to provide, in its next report, an indication as to whether consideration will be given to embodying the principle of the Convention in legislation, either by enacting new legislation or by amending any existing text. Please also provide any statistical data available which would illustrate the extent to which women workers enjoy equal pay with men; and furnish copies of current collective agreements, particularly covering sectors in which large numbers of women are employed.