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

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

1. In its previous observation, the Committee has noted with interest the adoption of Decree No. 37 of 9/2/1415 H (9 February 1996), and in particular section 1 of the Decree which laid down "the obligation on employers to treat men and women employees on equal terms as regards remuneration when conditions and circumstances of the work are the same". The Committee had requested information on the manner in which the new Decree was applied in practice in particular in regard to the concept of "work of equal value" as contained in Article 2, paragraph 1, of the Convention. In its report, the Government states that the adoption of this Act was intended to codify the practice already in existence in the country and that no problems in practice have arisen. The Government indicates again that the methods followed to apply the principle in the private sector are based on legislative provisions and it refers to section 8 of the Labour Code. Finally, the Government indicates that no statistics are available concerning the minimum wage rates and actual earnings of men and women. The Committee notes this information and refers to its statement in paragraph 253 of its General Survey on equal remuneration, 1986, that it is "hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to the Convention without further details being provided". In this respect, the Committee draws the attention of the Government to paragraph 253 of the above-mentioned General Survey in which it states that once legal tools for implementing the principle are developed, the more the existence of problems in practice may be brought to the surface, thus initiating further progress. The application of the principle therefore occurs in successive stages with each step giving rise to the discovery of new difficulties or problems and consequently leading to new remedial provisions to solve them. The Committee has repeatedly emphasized the importance of having statistical data so as to have a clear indication of the nature and the extent of the application of the Convention. In this regard, it also draws the attention of the Government to its general observation on this Convention. The Committee requests the Government to collect the necessary statistical and other information on the average earnings of men and women in the private sector to enable the Committee to assess the progress towards the achievement of equal remuneration between men and women for work of equal value.

2. With regard to the application of the principle in the public sector, the Committee has previously noted the description of the classification of jobs established by the Public Service Council and the statistics provided by the Government showing the low overall percentage of women employed in the public administration. The Committee requests the Government to provide information on the number of men and women corresponding with the various grades and functions in the job classification guide and an indication of their remuneration. Please also provide information on any other measures taken or contemplated which contribute to the effective realization of the principle of the Convention in the public service. Such measures may include public information and awareness-raising campaigns on equal remuneration and general programmes to promote equal opportunity and treatment for men and women in the fields of vocational training and access to employment and occupation.

3. Noting once again the important role that workers' and employers' organizations can play in giving effect to the provisions of the Convention (Article 4), the Committee asks 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.