Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee noted that the Labour Code and the Act regulating employment relations in agriculture make no distinction between men and women in their definition of the term "worker", but that equality of remuneration is achieved on the basis of the principle of "the same remuneration for the same work".

The Committee also noted that minimum wages are determined under the above legislation and not by collective agreements. The legislation in question provides for the creation in the various governorships of the country (by Order of the Minister of Labour and Social Affairs) of joint committees composed of representatives of the Government, of employers and of workers. These committees are responsible for examining the situation in a particular profession and for proposing to the Minister, for his approval, minimum wage rates applicable to the various categories of jobs, established on the basis of an objective appraisal of the work to be performed.

Ministerial Instruction No. B/1/6450 of 4 September 1961 contains rules to be observed by the joint committees in question when determining minimum wages, when classifying workers in the various occupations and in the appraisal of jobs. The Committee noted that under paragraph 2(a) of these Instructions, workers of average skill and competence will be taken into consideration for the determination of minimum wages, without distinctions being made on grounds of sex and in accordance with the principle of "equal wages for the same work".

The Committee wishes to point out in this connection that in accordance with the Convention (and Recommendation No. 90 which supplements it) equality of remuneration for men and women workers should be understood as being for work "of equal value"; this means that the standards contained in these instruments go beyond a reference to the "same work" or to "similar work" and that they establish the comparison on grounds of the value of the work. (Please refer in this connection to paragraphs 19 to 23 and 52 to 70 of the General Survey of 1986 on Equal Remuneration.)

The Committee therefore requests the Government to indicate the way in which effect is given to the principle of equality of remuneration set forth in the Convention, particularly in cases where men and women are employed in practice in work of a different nature, which may be of equal value. The Committee also requests the Government to supply examples of the appraisals made of jobs by the above joint committees and also information concerning the application of the principle of equality of remuneration for wages exceeding the statutory minimum rates.

2. Regarding the public sector, the Committee noted that Act No. 1 of 2 January 1985 (which came into force on 2 January 1986) establishing conditions of employment for state employees is applicable to both central and local administration units and to state establishments, societies and enterprises, but does not contain provisions formally enshrining the principle of equality of remuneration. It noted, however, from the Government's statements, that this principle has been taken into account for the classification of jobs, the determination of the required qualifications for candidates and the fixing of corresponding wage rates (wages paid on appointment to various positions, minimum wages and maximum wages) in accordance with sections 5 and 6 of the above Act and with the tables annexed to it.

The Committee also noted from the information supplied by the Government with regard to Convention No. 111, that the model conditions for employment in public bodies were established by Decision No. 3803 of 1985 of the President of the Council of Ministers. Section 4 of the 1985 Act prescribes that these provisions shall contain, inter alia, an objective appraisal of jobs according to their nature and the tasks to be performed, and a classification of professional and ordinary posts, including the applicable wage system and procedures for promotion. The Committee accordingly requests the Government to communicate a copy of the above-mentioned Decision (or an extract containing the corresponding provisions) with its next report.

3. The Committee would also be grateful if the Government would supply a copy of the statistical table indicating the distribution of staff in the administration and the public sector in accordance with their sex and the service in which they are employed, which is published by the Central Statistics Bureau (the Government indicated that this table was attached to its report, but it was not received).