Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes the information provided by the Government in its report.

1. The Committee takes note of section 38 of the Labour Code, adopted on 17 February 1991, providing for equal wages to be paid to men and women for equal work performed in a workshop under equal conditions, and prohibiting any discrimination in wage determination on the basis of age, gender, ethnicity and political and religious convictions. In light of the requirements of the Convention referring to equal remuneration for "work of equal value", the Committee requests the Government to indicate the meaning applied to the term "equal work" contained in the legislation and to provide information on the measures taken to ensure that this principle contained in the Convention is applied in practice.

2. The Committee notes that section 38 above refers to wages; that pursuant to section 35 of the Labour Code wages consist only of the amount of cash or in kind payment made to the worker on the basis of performance; and, that under section 34, all legal remuneration including wage, salary, family allowance, housing allowance, foodstuffs, bus service, benefits in kind, production bonuses, annual profits and the like are called "fees". The Committee requests the Government to indicate whether the guarantee of equal wage under section 38 covers all the fees listed in section 34, and if not, what measures exist to ensure that all the fees listed under section 34 are paid on a basis applied equally to both men and women in accordance with the terms of the Convention.

3. The Committee further notes that payments such as minimum wages are applicable to all workers irrespective of sex, but payments such as family allowance or productivity increase allowances are dependent on individual factors and evaluations of each worker's entitlement to such payments. Nevertheless, the Government reports that family allowances and productivity increase allowances, which are now authorized under section 47 of the Labour Code and made according to the Regulation of 11 August 1970, are paid to both men and women without any distinction based on sex. The Committee refers to the statistics provided in the Government's report on the number of enterprises and workers covered by agreements to pay productivity increase allowances and it requests the Government to continue to provide such statistical information and to indicate the number of women who have received such allowances.

4. The Committee notes that pursuant to sections 48 to 50 of the Labour Code, job classification and assessment systems continue to be required for all employers and that Circular 61462 of 10 February 1983 does not apply to establishments employing fewer than 50 workers. The Committee again requests the Government to indicate under which legal provision or administrative instruction these undertakings are obliged to establish job classifications and in what manner such classifications are used to secure application of the principle of equal remuneration for work of equal value. It also requests the Government to provide copies of job classification plans for the sectors indicated in the Government's report as employing high percentages of women.

5. Noting that the Islamic Labour Councils do not have a direct role or final authority in the fixing of wage rates and allowances, the Committee again asks the Government to provide information on any opinion relating to the application of the Convention that may have been issued by the Islamic Labour Councils under section 19(d) of the Islamic Labour Councils Act of 23 January 1985. The Committee also requests the Government to furnish any court judgements or inspection reports relating to the application of the Convention.