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

Articles 2 and 4 of the Convention. Application of the principle by means of collective agreements. Cooperation with the social partners. The Committee notes that the Government’s report does not contain any reply to its previous comment concerning the limited nature of the principle of equal remuneration laid down in section 42 of the general collective agreement applicable to workers in the Republic of Chad. It is bound to emphasize once again that the guarantee offered to men and women workers by this collective agreement is narrower than that provided for by section 246 of the Labour Code, as it does not give full effect to the principle of equal remuneration for work of equal value, as established by Article 1 of the Convention. The Committee therefore asks the Government to clarify the practical scope of section 42 of the collective agreement concerning equal remuneration and to indicate in what manner it is ensured, in law and in practice, that men and women workers receive equal remuneration when they perform work of equal value. It also asks the Government to supply information on any measures taken to encourage the social partners to include a clause establishing the principle of equal remuneration for men and women workers for work of equal value in the abovementioned collective agreement when it is renegotiated. Finally, the Government is requested once again to send copies of the appendices to the agreement establishing professional classifications for each sector of activity, which, contrary to what was stated, were not attached to the report.

With reference to its previous comments, the Committee notes that, according to the Government, cooperation with the women’s committees of trade unions which are striving for equality in employment, vocation and remuneration is not working effectively. However, it underlines the key role that the social partners can play in the elimination of discrimination in collective agreements and in the promotion and implementation of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the necessary steps to encourage the development of this cooperation, not only with trade unions and their women’s committees but also with employers’ organization, and to supply information on the actions taken in this respect and also on the results achieved. The Government is also requested to supply such detailed information as is possible on the following:

(i)    specific activities which it is undertaking with regard to the employers’ organization and workers’ organizations to promote equality in employment and occupation and, in particular, the implementation of the principle of equal remuneration for men and women for work of equal value;

(ii)   the initiatives taken by the High Committee for Labour and Social Security, a tripartite advisory body established pursuant to section 327 of the Labour Code, in the area of combating inequalities relating to pay;

(iii) the activities undertaken by the social partners themselves to promote a better understanding and application of the principle of equal remuneration for men and women for work of equal value and, in particular, of the concept of “work of equal value”.

Practical application of the Convention. Inspection. With reference to the Government’s statement that, in the absence of an objective complaint, it considers that there is nothing to report, the Committee is bound to recall that the absence of a reported infringement, a lodged complaint or even a court decision issued in the area of pay discrimination in no way signifies that no problems exist with regard to the practical application of the Convention. In this respect, the Committee notes the Government’s statement that it intends to enhance the conditions of work of labour inspectors in order to enable them to carry out inspections in the field. It also draws the Government’s attention to the need to take steps to raise the awareness of these major players in the area of equality regarding the need to promote the application of the principle established by the Convention and to ensure a clear understanding of the principle of “work of equal value”, and the need to use appropriate methods for objective job evaluation. The Committee hopes that the Government will equip labour inspectors in the near future with the necessary resources and tools to enable them to identify discrimination in the area of pay, provide advice on the best ways of putting an effective stop to it and, if necessary, impose penalties, and it requests the Government to provide information on the measures taken to this end, and also on the results of inspections undertaken (number of workplaces visited and numbers of men and women workers covered, infringements reported, reports drawn up, penalties imposed, etc.).

Statistics. With reference to its previous request which received no reply, the Committee again asks the Government to provide information and statistics in support of the results of the survey undertaken in 42 enterprises concerning the application of the present Convention and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), particularly the numbers of men and women working in these enterprises, the numbers of men and women who have been promoted and trained, their levels of pay and also their respective posts. The Government is also requested to provide any recent available statistics, disaggregated by sex, relating to wages in the public and private sectors.