Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee takes note of the Government's reports and of the discussion which took place in the Conference Committee on the Application of Standards in 1994.

1. The Committee notes with interest the adoption of Decree No. 37 of 9/2/1415 H (9 February 1996) supplied by the Government, section 1 of which lays down for the first time "The obligation on employers to treat men and women employees on equal terms as regards remuneration when the conditions and circumstances of the work are the same". It also notes that, according to the Government's reports, this Decree ensures the principle of equal remuneration between men and women workers "for work under equal conditions and circumstances".

2. The Committee notes, however, that the Government's reports give no further indications of how this new legislation - which is aimed specifically at giving effect to the Convention - ensures application in practice of the concept of "work of equal value" as contained in Article 2, paragraph 1, of the Convention, a concept that is wider than the actual text of section 1 of the Decree. It accordingly refers the Government to paragraphs 19 and 44 to 50 of the 1986 General Survey on equal remuneration, where the Committee explains how this Convention goes beyond a reference to the same or similar work or work carried out in the same conditions, in choosing the value of the work as the point of comparison. The Committee would therefore appreciate receiving in the Government's next report on this Convention, an indication of the application in practice of Decree No. 37, for example, through statistics concerning the minimum wage rates and actual average earnings of men compared to those of women in the private sector, if possible, broken down by occupation, branch of activity and seniority. It recalls that it had stressed in its previous direct request the importance of having recent statistical information in order to be able to evaluate the application of the Convention.

3. Noting in this connection the important role that workers' and employers' organizations can play in giving effect to the provisions of the Convention (Article 4 of the Convention), the Committee would ask the Government to indicate in its next report the methods of cooperation with the employers' and workers' organizations in the country, particularly in applying Decree No. 37.