Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Articles 1 and 2 of the Convention. Work of equal value. The Committee notes the information provided by the Government in reply to its previous comments concerning section 35 (prohibiting discrimination in wages on the basis of sex) and section 88 (prohibiting discrimination against women "once their working conditions are analogous") of the Labour Code. It notes in particular the Government’s statement that section 88 meant that all sections of the Labour Code equally apply to men and women performing the same work, under the same working conditions and circumstances. Elsewhere the report stated that the term "working condition" used in section 88, included the type of work, occupation, activity, status, qualifications and capacity and that the wording "analogous working conditions" meant "work of equal value". While noting these explanations, the Committee draws the Government’s attention to the fact that the Convention, by referring to "work of equal value", implies a comparison not only of the wages received by men and women performing the same work, but also of the wages received by men and women performing different types of work which is nevertheless of equal value, as established on the basis of objective criteria unrelated to the worker’s sex. While recalling its previous comments to the effect that sections 35 and 88 do not fully apply the principle of the Convention, the Committee nevertheless hopes that sections 35 and 88 will be applied in accordance with the Convention. In this context, the Committee asks the Government to indicate any measures taken to promote knowledge and understanding of the Convention’s principle among public officials in charge of supervising the application of the Convention and the Labour Act, as well as workers’ and employers’ organizations. Finally, the Committee recommends that provisions expressly reflecting the principle of equal remuneration for men and women workers for work of equal value as set out in the Convention be introduced in the context of any future review of the labour legislation.

2. National Wages Council. The Committee notes Order No. 983 adopted on 11 June 2003 establishing the National Wages Council as provided for under section 34 of the Labour Code, which includes representatives of workers’ and employers’ organizations. The Committee notes that the Council is charged with setting minimum wages and determining the structure of wages in the different professions, occupations and activities. The Council is also responsible for formulating national wage policies based on the analysis of statistical information concerning wages and economic development. Further, the Council is mandated to examine Conventions and Recommendations and decisions of Arab and international organizations relating to wages and to express its views on them. The Committee asks the Government to indicate whether the National Wages Council has already examined Convention No. 100 and its accompanying Recommendation No. 90 and to provide information on the manner in which the Council is taking these instruments into account in its work.

3. Enforcement. The Committee notes from the Government’s report that the Ministry of Manpower and Migration, through the labour inspectorate, is responsible for the supervision of the application of the provisions of the Convention. The Committee also notes that there were no judicial decisions concerning the principle of equal remuneration. Recalling the importance of effective enforcement of equal remuneration provisions, the Committee asks the Government to provide information on any specific measures taken by the labour inspectors to ensure equal remuneration for men and women for work of equal value and to indicate whether any violations of the relevant provisions have been reported and how they were resolved. Please also continue to provide information on any judicial decisions concerning equal remuneration.

4. Part V of the report form. Analysis of differential of men’s and women’s earnings. The Committee notes from data compiled by the ILO that overall women earned some 83 per cent of men’s weekly wages in 2003 and that this ratio has remained relatively stable since 2001. Examining the earnings of men and women in the different areas of economic activities, the Committee notes that women earn higher weekly wages than men in a number of areas, including mining, construction, transport and financial intermediation, which might be due to the fact that women working in these sectors occupy higher paid positions. In eight areas men earn higher weekly wages, including in agriculture, manufacturing, real estate and other business activities, and health. According to statistical information for 2002 provided by the Government, the average weekly earnings of men and women in the public sector were balanced, while in the private sector women received only 75 per cent of men’s average weekly wages. The Committee encourages the Government to adopt and implement policies promoting equal access of men and women to the widest range of employment and occupations, including higher paying positions, and to provide information on any measures taken in this regard. Please indicate any measures taken or envisaged to address the existing gender wage gap in the private sector. The Government is also asked to continue to provide statistical information on wages, disaggregated by sex, and as far as possible in accordance with the Committee’s 1998 general observation.