Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Article 1 of the Convention. Work of equal value. The Committee recalls its previous comments noting that sections 35 and 88 of Labour Code No. 12 of 2003 prohibiting sex discrimination with respect to wages and working conditions did not fully apply the principle of the Convention. While noting the explanations by the Government that the wording “analogous working conditions” meant “work of equal value”, the Committee had recalled that the Convention, by referring to “work of equal value” implied a comparison not only of wages received by men and women performing the same work, but also of wages received by men and women performing different types of work which are nevertheless of equal value. The Committee notes that the Government reaffirms that sections 35 and 88 of the Labour Code apply the provisions of the Convention. The Committee also notes the Government’s indication that a tripartite round table was organized, in collaboration with the ILO, for officials in charge of supervising the application of the Convention and the Labour Act, as well as workers’ and employers’ organizations, to clarify the concept of equal remuneration for men and women for work of equal value. The round table concluded that a tripartite committee should be set up to examine the manner in which the principle of equal remuneration was applied in accordance with the Convention, and work is under way in this regard. Recalling its general observation of 2006 on this Convention, the Committee urges the Government to take the necessary steps to amend the relevant provisions of the Labour Act of 2003 so as to provide not only for equal remuneration for equal, the same or similar work but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee also asks the Government to provide information on the progress made by the tripartite committee in examining the application of the principle of equal remuneration for men and women for work of equal value.

2. National Wages Council. The Committee notes the information provided by the Government that the most important task of the National Wages Council is to set minimum wages at the national level while taking into account the cost of living to ensure a minimum living wage for workers. The Committee had previously noted that the Council is also charged with determining the structure of wages in the different professions, occupations and activities. The Committee refers to its general observation of 2006 and asks the Government to indicate in its next report the manner in which the National Wages Council ensures, when determining wage structures, that professions, activities and occupations in which women predominate are not being undervalued in comparison with those of men who are performing different work and using different skills.

3. Enforcement. The Committee notes the Government’s statement that one of the most important tasks of the labour inspectors is to monitor the provisions of the Labour Code, including sections 35 and 88. The Government further states, however, that no violation of the provisions on equal remuneration has been reported nor has there been any judicial decision rendered in this regard. The Committee recalls that the absence of complaints of discrimination in remuneration does not necessarily indicate an absence of discrimination. It often results from the absence of an appropriate legal framework to bring discrimination claims, a lack of awareness and understanding among workers as well as law enforcers of the right to equal remuneration for men and women, and an absence of accessible dispute resolution procedures. In its general observation of 2006, the Committee underlined the important role of judges and labour inspectors in ensuring the application of the Convention and encouraged governments to undertake action to assist them in this role. The Committee therefore welcomes that the abovementioned tripartite round table was especially organized to clarify the concept of equal remuneration for men and women for work of equal value for officials in charge of supervising the application of the Convention and the Labour Act. The Committee asks the Government to continue to provide specific training to labour inspectors in the area of equal remuneration so that they are better able to identify and deal with cases of unequal remuneration between men and women in the workplace. Please also provide information on the measures taken or envisaged to raise awareness among workers and employers of the rights under the Convention, and to ensure that complaints mechanisms are accessible to all.

4. Part V of the report form. Earnings differentials between men and women. In its previous comments, the Committee noted the statistics for 2002 on earnings differentials between men and women in the different economic activities. In the public sector, the average weekly earnings of men and women were balanced, while in the private sector women received 85 per cent of men’s average weekly wages. The Committee notes that the statistical tables for 2005 attached to the Government’s report on weekly wages by region, occupation and economic activity are not disaggregated by sex, which makes it difficult to assess the progress made in reducing the gap in earnings differentials between men and women. The Committee asks the Government to provide in its next report up to date statistical information, disaggregated by sex, on the distribution of men and women in the various economic activities and occupations, as well as an indication of their corresponding earnings. The Committee also reiterates its request to the Government to indicate the specific measures taken to address the existing gender wage gap in the public and private sectors, and hopes that the work carried out by the tripartite committee on equal remuneration will be of assistance in this regard.