Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information contained in the Government’s report.

1. The Committee notes from the Government’s report that the implementation of Act No. 25 of 1997 on Manpower has been postponed again and that the Government has submitted a Bill concerning Workers’ Development and Protection to Parliament. It also notes the Government’s statement that this Bill includes the provisions of the Convention. The Committee notes that section 5 of the Bill states that the employer shall provide equal opportunities without any discrimination to all employees and that section 6 provides that the employer shall provide equal treatment without any discrimination to all workers. Section 56 sets out the general principle of non-discrimination. Noting these general provisions and their accompanying "elucidations", the Committee also asks the Government to indicate whether there is a specific section in the above Bill guaranteeing that men and women workers shall receive equal remuneration for work of equal value and to provide a copy of the legislation once it has been adopted. It also asks the Government to indicate whether the newly proposed legislation contains a definition of wages and whether such definition covers any additional emoluments whatsoever, as defined by Article 1(a) of the Convention, including family allowances and benefits.

2. The Committee notes with interest from the Government’s report that Act No. 03 of 1992 on workers’ protection, which provides that all workers have equal rights to employment accident benefits, takes precedence over Act No. 33 of 1947 on accidents, which contains provisions treating men and women differently in relation to the payment of employment-related benefits. The Committee notes the Government’s statement that the amendments proposed to Government Decree No. 37 of 1967 and Decree No. 418/KPTS/EKKU/5/1981 of the Ministry of Agriculture, as well as the proposed Bill mentioned in point 1 above, take into account the Committee’s comments in its last direct request respecting the principle of equal remuneration. Recalling that these Decrees contain disparate treatment between men and women in relation to the payment of employment-related benefits, the Committee hopes the amendments equalizing benefits will be adopted in the near future and that copies will be forwarded to the ILO.

3. The Committee notes from the Government’s report that a new Ministerial Regulation No. 01/Men/1999 on Regional Minimum Wages has been adopted, under the terms of which regional minimum wages are determined by the Minister of Manpower, based on research and studies by the Regional Wage Research Council, which is composed of representatives of employers and workers and of government institutions. In this respect, the Committee recalls the importance of minimum wages in promoting the application of the principle of equal remuneration set out in the Convention.

4. The Committee also notes the Government’s statement that the collective labour agreements concluded by employers and the respective workers’ unions must guarantee equal remuneration for men and women workers. The Committee asks the Government to provide with its next report copies of collective agreements guaranteeing equal remuneration for men and women workers for work of equal value.

5. While noting the information provided in the Government’s report, the Committee considers that this information is not sufficient to assess the manner in which the Convention is applied in practice. Recalling the wage differentials between men and women pointed out in its previous direct request, the Committee requests information on measures taken to reduce the remuneration gap. It also requests sufficient information to enable the Committee to assess the implementation of the Convention in practice. Relevant information in this regard might comprise studies on the employment conditions of women undertaken by the Ministry of State for the Role of Women or any other agency, initiatives taken by the Government or by organizations of employers and workers to promote equality of opportunity and treatment between the sexes in employment, reports on labour inspections or measures taken or envisaged to ensure and promote the principle of equal remuneration for men and women workers for work of equal value.

6. Further to its previous requests for statistical data on the wages of men and women workers in the various occupations and at different levels, the Committee reiterates its request to the Government to supply in its next report full statistical and other information in accordance with the Committee’s general observation of 1998.