Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the report of the Government and the documentation attached thereto. The Committee also notes the report of the high-level mission which took place in September 2006, concerning the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

1. Legislative developments. The Committee notes that the new Labour Code, which came into effect on 23 April 2006, contains no reference to equal remuneration for men and women for work of equal value. The Committee recalls in this respect that it had previously expressed the hope that the new Labour Code would give legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s statement that “the Labour Code is mainly based on the principle of equal remuneration for both sexes”. The Government goes on to indicate, however, that the issue of wages is left to employers and workers. Given the absence of a specific provision regarding equal remuneration between men and women for work of equal value, the Committee asks the Government to clarify how the Labour Code is based on this principle, and what redress is available to workers under the Labour Code where there is a violation of the principle of equal remuneration between women and men for work of equal value.

2. Equal value. The Committee recalls that it has been commenting for a number of years regarding Order No. 37 of 1994, which obliges employers “to treat men and women employees on equal terms as regards remuneration when the conditions and circumstances of the work are the same”. The Committee has brought to the Government’s attention on a number of occasions the fact that the concept of “work of equal value” set out in the Convention requires a broader scope of comparison than only between jobs performed under the same conditions and the same circumstances. The Government has not provided any information from which the Committee could conclude that the broader principle of the Convention is being applied in practice. The Committee recalls that “work of equal value” allows comparisons between work of a different nature and work carried out under different conditions or for different employers. Providing for a comparison based on the value of work, rather than requiring work to be performed under the same conditions and in the same circumstances, is particularly important given that men and women are often concentrated in different jobs, and jobs typically performed by women are undervalued. The Committee urges the Government to take measures to ensure the application of the principle of equal remuneration for men and women for work of equal value in both the public and private sectors, allowing a comparison of jobs which, though carried out under different conditions and circumstances, are of equal value.

3. Occupational segregation. The Committee notes the Government’s indication that, when men and women hold the same positions in the public sector, they are paid the same wage determined on the basis of qualifications, whereas in the private sector, salaries are determined on the basis of supply and demand. The Government also indicates some of the factors that influence the differences in salaries of men and women, including the paucity of women working in the private sector, and the concentration of women in specific occupations, such as in education and health. The Committee also notes in this regard the findings of the high-level mission regarding the low labour force participation of women, which can be attributed to traditional values concerning the role of women in the family, and attitudes regarding the primacy of men in the workforce. Women’s income from employment is considered as secondary income. The Committee also notes that, under the new Labour Code, women are restricted in the types of jobs they may do, and are only to work in fields suitable to their nature (section 149). In this regard, reference is also made to the Committee’s comments under Convention No. 111. While noting that more fields are opening up to women slowly, the Committee concludes from the statistics provided by the Government that women continue to be concentrated in particular fields, such as social and community services, and are virtually absent from other areas, such as electricity, gas and water services, and communications and transport. The Committee points out that social stereotypes that deem certain types of work as suitable for men or women are likely to lead to unequal wages for men and women for work of equal value. Such stereotypes, based on traditional assumptions concerning gender roles in the labour market and in society, including those relating to family responsibilities, channel women and men into different education and training and subsequently into different jobs and career tracks. This occupational gender stereotyping results in certain jobs being held almost exclusively by women, resulting in “female jobs” being undervalued for purposes of wage rate determination. Recalling that wage inequalities may arise due to the segregation of men and women into certain sectors and occupations, the Committee asks the Government to provide information on the measures taken or envisaged to improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented, with a view to reducing inequalities in remuneration that exist between men and women in the labour market.

4. Promotion of the principle of the Convention. The Committee recalls its previous request to the Government for information on any promotional campaigns or training sessions it may have held to develop awareness of workers and employers of the importance of promoting the principle of equal remuneration for men and women for work of equal value. The Government indicates in this regard that while the Ministry of Labour organizes from time to time training sessions in areas related to labour, it has not yet addressed the issue of equal remuneration, though this will be considered in future. The Committee notes the information provided by the Government regarding programmes aimed at raising awareness of women regarding job opportunities, in particular those undertaken by the Chamber of Industry and Commerce. Some of the other initiatives noted by the Government, however, focus on jobs that are considered “suitable” for women, thus potentially reinforcing stereotyped views regarding women’s capabilities and social roles. The Committee notes that there do not appear to have been any training or awareness-raising activities addressing specifically the issue of equal remuneration for work of equal value. The Committee urges the Government to undertake awareness raising and training, in cooperation with employers’ and workers’ organizations, specifically addressing the principle of equal remuneration for men and women for work of equal value, in order to ensure a better understanding of the issues involved, and promote acceptance and implementation of the principle.

5. Enforcement. The Committee notes the Government’s statement that determining equal pay is ensured through the review of salaries undertaken at the level of the undertaking by the labour inspectorate and through complaints of workers to the labour office. The Government states further that no complaints regarding equal pay have been received, and no violations have yet been registered. The Committee recalls in this regard that the absence of complaints does not necessarily indicate an absence of violations, but rather a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

6. Statistics. The Committee notes the statistical information provided in the Government’s report under this Convention and pursuant to Convention No. 111. The Committee notes that, for the year 2000, the Government has provided statistics disaggregated by sex, wage category and economic activity, indicating that women are generally concentrated in the lowest wage bands. However, while the Government has provided some statistics from 2005, the same economic activity categories are not used, and there is no indication of the distribution of men and women by level of responsibility or wage category. The Committee recalls the importance of providing comparable statistics to enable an accurate assessment of any progress made over time. The Committee, therefore, asks the Government to provide comparable detailed statistical information on the earnings of men and women at each level within various occupational categories.