Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. The Committee notes the adoption of the new Act No. 13 of 2003 on Manpower. It notes that section 1(30) of the Act defines wage as "the right of a worker that is received and expressed in the form of money as remuneration from the employer to the worker, whose amount is determined and paid according to a work agreement, a deal, or laws and regulations, including allowances for the worker and his or her family for a job and/or service that has been performed or will be performed". The Committee asks the Government to specify in its next report whether this definition covers any additional emoluments whatsoever, as defined by Article 1(a) of the Convention, including family allowances and benefits.

2. With reference to its previous comments concerning Government Decree No. 37 of 1967 and Decree No. 418/KPTS/EKKU/5/1981 of the Ministry of Agriculture, which contain disparate treatment between men and women in relation to payment of employment-related benefits, the Committee notes that the Government’s report does not provide a reply as to whether the proposed amendments to these decrees equalizing benefits have been adopted. It asks the Government to provide information on any developments in this regard.

3. The Committee notes that sections 88(4) and 89(1) of the new Manpower Act provide that the Government shall establish provincial or district/city-based minimum wages or sector-based minimum wages, based on the need for decent living taking into account productivity and economic growth. It would be grateful if the Government could provide in its next report copies of sector-based minimum wages in the different regions. Noting that pursuant to section 98(1) the National Wage Council, Provincial Wage Councils and District Wage Councils can provide recommendations and considerations for the formulation of wages policies; noting also the Government’s statement that the wages councils shall take account of the non-discrimination principle in determining the minimum wage, the Committee asks the Government to provide information on how these Councils use their competence to guarantee that equal remuneration between men and women for work of equal value is applied in the formulation of wage policies.

4. The Committee notes that section 92 of the new Manpower Act states that employers shall formulate the structure and scale of wages by taking into account the functional and structural position and rank, the occupation, years of work, education and competence of the worker. It also notes the Government’s statement that no job appraisal has been conducted but that section 92 protects workers against discrimination in practice and that prevention of discrimination is carried out through the examination of company regulations and collective agreements. Noting that a number of companies have requested assistance for setting up rates of remuneration, the Committee asks the Government to provide information on the measures taken, through collective bargaining or otherwise, to promote equal pay and an objective appraisal of jobs on the basis of the work to be performed in the private sector and to indicate how gender bias is being avoided in company regulations formulating the structure and scales of wages. Please also provide copies of any collective agreements of company regulations guaranteeing equal remuneration for men and women for work of equal value.