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

1. Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that section 31 of the Labour Code No. 58 of 1970 provides that an employer shall not discriminate between men and women as to wages if “the nature and the circumstances of the work are the same”. The Committee points out that “work that is the same nature or undertaken in the same circumstances” is narrower than the notion of work of equal value provided for in the Convention. However, it also notes that section 91 of the Code provides that all texts regulating the employment of workers shall apply to women and young persons without discrimination for work of equal value. Given the discrepancy in the wording of the two provisions, the Committee refers to its general observation of 2006 in which it underscores and clarifies the meaning of “work of equal value”. It asks the Government to clarify this ambiguity in its legislation, and to consider amending the legislation so as to provide more clearly for equal remuneration for men and women in situations where they perform different work but that is nevertheless of equal value.

2. Article 2. Application of the principle in the public service. With reference to its previous comments on the application of the principle of the Convention in the public service, the Committee notes the Government’s reply that section 1 of Act No. 15 of 1981, provides that the “system of salaries for national employees … aims to confirm the principle of equal wages for work and tasks of equal value. Such work and tasks of equal value apply to men and women alike”. The Government further indicates that the wages for each of the categories covered by Act No. 15 of 1981 are granted to both female and male employees, in accordance with their grade, without discrimination. Furthermore, Decision No. 1341 of 1981, as amended by Decision No. 1075 of 1990 on the rules for the appointment of workers reiterates the requirement of equality of wages between men and women as provided by the Act. While noting this information on the legislative provisions applying the principle of the Convention, the Committee is nevertheless still lacking information demonstrating how the principle of equal remuneration for men and women for work of equal value is ensured in the public sector also in practice. Since one of the causes of pay differentials between men and women is occupational segregation of women into lower paying occupations and positions without promotion opportunities, it is important to collect statistical information on the distribution of men and women in these occupations and positions in order to permit an adequate evaluation of the nature, extent and causes of existing pay differentials. The Committee therefore asks the Government to include, in its next report, statistical information on the distribution of men and women under the various wage schedules and grades covered by Act No. 15 of 1985, as well as any other information demonstrating how the principle of equal remuneration for work of equal value is applied in practice in the public service.

3. Application of the principle of equal remuneration to part-time work. The Committee notes the Government’s confirmation that the part-time work system regulated by the Decision of the People’s Congress No. 164 of 1985 applies only to women. In its previous comments, the Committee had pointed out that in situations where part-time workers are mostly or exclusively women, a generally lower level of remuneration for part-timers may have an adverse impact on the overall wage gap between men and women. The Committee asks the Government to indicate the measures taken to ensure that part-time employment is not disproportionately under-remunerated in relation to full-time employment. Please also provide updated statistical information on the levels of remuneration of women working part-time in the various economic sectors as compared to full-time male and female employees working in the same sectors.

4. Application of the principle to foreign workers. With regard to its previous comments on the application of section 12 of the Decision of the General People’s Congress No. 628 of 1988 on the promulgation of regulations on the employment of non-national employees in enterprises and public undertakings, which provides that a foreign worker is entitled to a travel allowance and annual home leave for “himself, his wife and his children ...”, the Committee notes the Government’s statement that the decisions and  regulations apply to all workers, without exception. The Committee asks the Government to consider amending section 12 to bring the law in accordance with practice and to ensure that foreign women workers and their families are not discriminated against with respect to such employment-related benefits.

5. The Committee notes the statistics on grades and wages of non-national employees and officials in the education and health sector, as well as on the salaries of teachers with foreign contracts. It notes, however, that similar to the statistics previously provided, these are not disaggregated by sex, which makes it difficult for the Committee to assess where men and women find themselves in the various wage scales. Recalling once again its general observation of 1998, it hopes that the Government will be in a position to provide such disaggregated statistics in its next report or, in absence of such statistics, will provide information on the measures taken to collect sex disaggregated statistics on the wages paid to foreign workers in the various occupational sectors.

6. With regard to the amendment of section 1 of the Labour Code (Act No. 58 of 1970) concerning persons involved in pastoral and agricultural activities, the Committee notes the Government’s statement that the Code is currently being redrafted in order to be submitted again to the People’s Congress. It hopes that progress will soon be made in the preparation and adoption of the revised Code and that a copy will be sent to the Office as soon as it is promulgated.