Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Equal remuneration for work of equal value. Legislation. The Committee notes that section 53 of Act No. 2003-044 of 28 July 2004 issuing the Labour Code provides that for the same vocational qualifications, the same job and work of equal value, wages shall be equal for all workers irrespective of their origin, colour, national extraction, sex, age, union affiliation, opinions and status under the conditions set out in that chapter. In its previous comments the Committee emphasized that such provisions appeared to be more restrictive than those of the Convention since they restrict the application of the principle to identical jobs. It notes the indication in the Government’s report that this provision is applied more broadly in practice since there is an exact correspondence with the lowest category of job classification. However, the Committee would like to draw the Government’s attention to its general observation of 2006, in which it underlines the importance of establishing the principle of the Convention in the legislation in order to eliminate pay discrimination in situations where men and women carry out work which is different but of equal value. The Committee emphasizes that the concept of “work of equal value” encompasses work that is of an entirely different nature but nevertheless of equal value and that, in order to determine whether different jobs are of equal value, there has to be an examination of the respective tasks involved, on the basis of entirely objective and non-discriminatory criteria in order to avoid an assessment being tainted by gender bias. The Committee asks the Government to take the necessary steps to ensure that section 53 of the 2004 Labour Code is amended in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, in accordance with the Convention, and to supply information on the measures taken to this end.

Collective agreements. Discriminatory provisions. With regard to the procedure concerning the application of section XII of the Air Madagascar collective agreement relating to conditions of work for commercial air crews, which sets the retirement age at 50 years for men and 45 years for women, the Committee notes that the Court of Appeal of Antananarivo referred in its ruling of 5 April 2007 to the present Convention as ratified by Madagascar and considered that since section XII of the collective agreement provides for different treatment to the detriment of female air crew members, this constitutes gender-based discrimination. Ruling on the merits of the case, the Court of Appeal thus upheld Social Judgement No. 84 of 26 March 1999, which found that there had been unfair dismissals and ruled that the employer must pay damages and interest to the complainants. Noting this information with interest, the Committee asks the Government to indicate whether this Court of Appeal ruling has had an impact on the employment and remuneration of the female and male air crew members concerned. The Committee also asks the Government to indicate the measures taken to encourage the social partners to remove discriminatory provisions constituting obstacles to equal remuneration for men and women for work of equal value from collective agreements.

The Committee is raising other points in a request addressed directly to the Government.