Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. The Committee notes the Government's report and the information supplied to the effect that the revised draft amendment to the Labour Code, which takes into consideration the observations presented by the ILO expert, is still under examination by the competent authorities. The Committee notes with interest the Government's statement that the current draft text of section 46, amending the Labour Code, stipulates that "the principle of equal remuneration shall be applied without discrimination on the basis of sex for work of equal value and that the term 'remuneration' includes the basic wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind by the employer to the worker and arising out of the workers employment". The Committee hopes that this draft text will be adopted soon and that the Government will supply a copy of the amendments.

2. With regard to the application of the principle of equal remuneration in the public sector, the Committee notes the Government's statement that it is currently examining a new scale of positions and salaries as well as an appraisal of jobs in the public sector. In this connection, the Committee draws the Government's attention to paragraphs 138 and 141 to 144 of the 1986 General Survey on equal remuneration dealing with measures to promote an objective appraisal of jobs, and in particular the analytical methods for job evaluation. The Committee requests the Government to keep it informed about the salary scales and the results of the job appraisal in the public sector and to provide information about the application in practice of the principle of equal remuneration.

3. The Committee notes the Government's statement in its report that wage-fixing does not generally exist in the private sector, but that establishments ruled by collective agreements or which have internal regulations fixing wage scales have a fixed wage for each occupation. The Committee would be grateful if the Government would continue to supply, in its next report, copies of any collective agreements and internal regulations fixing wage scales to enable it to evaluate further whether the principle of equal remuneration laid down in Article 1 of the Convention is applied in practice. With regard to job evaluation exercises in the private sector, the Committee notes the Government's statement that in some establishments job evaluations are conducted. The Committee would be grateful if the Government would provide examples of job evaluation exercises carried out in these establishments.

4. The Committee notes that the Government repeats its previous statement with respect to workers not covered by the provisions of the Labour Code and Act No. 36/67 fixing the minimum wage, such as agricultural workers and domestic workers, who do not have any relationship with commerce and industry. The Committee notes that they are covered by the 1943 Act on contracts and obligations, but that no provision is made in the 1943 Act to ensure that men and women receive equal remuneration. The Government further states that no documents are available on the wages in agricultural establishments, which have no relation with commerce and industry because this category of workers falls outside the competence of supervision and control of the Ministry of Labour. It adds that no judicial decisions have been taken by the labour courts on equal remuneration for this category of workers or domestic workers. The Committee recalls that the principle of equal remuneration between men and women for work of equal value should apply to all workers and again requests the Government to indicate how the principle of the Convention is applied to these categories of workers. Please also supply a copy of the 1943 Act on contracts and obligations and any information on remuneration paid to domestic workers and to this category of agricultural workers.